South Carolina Code of Laws
Chapter 1 - South Carolina Uniform Securities Act Of 2005
Section 35-1-406. Registration by broker-dealer, agent, investment adviser, and investment adviser representative.

(a) A person shall register as a broker-dealer, agent, investment adviser, or investment adviser representative by filing an application and a consent to service of process complying with Section 35-1-611, passing one or more examinations as required by the Securities Commissioner, paying the fee specified pursuant to Section 35-1-410, and paying any reasonable fees charged by the designee of the Securities Commissioner for processing the filing. The application must contain:
(1) the information or record required for the filing of a uniform application; and
(2) upon request by the Securities Commissioner, any other financial or other information or record that the Securities Commissioner determines is appropriate.
(b) If the information or record contained in an application filed under subsection (a) is or becomes inaccurate or incomplete in a material respect, the registrant shall promptly file a correcting amendment.
(c) If an order is not in effect and a proceeding is not pending under Section 35-1-412, registration becomes effective at noon on the forty-fifth day after a completed application is filed, unless the registration is denied. A rule adopted or order issued under this chapter may set an earlier effective date or may defer the effective date until noon on the forty-fifth day after the filing of any amendment completing the application.
(d) A registration is effective until midnight on December thirty-first of the year for which the application for registration is filed. Unless an order is in effect under Section 35-1-412, a registration may be automatically renewed each year by filing such records as are required by rule adopted or order issued under this chapter, by meeting the filing fee and examination requirements specified pursuant to Section 35-1-410, and by paying costs charged by the designee of the Securities Commissioner for processing the filings.
(e) A rule adopted or order issued under this chapter may impose other conditions, not inconsistent with the National Securities Markets Improvement Act of 1996. An order issued under this chapter may waive, in whole or in part, specific requirements in connection with registration as are in the public interest and for the protection of investors.
HISTORY: 2005 Act No. 110, Section 1, eff January 1, 2006.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 35 - Securities

Chapter 1 - South Carolina Uniform Securities Act Of 2005

Section 35-1-101. Short title.

Section 35-1-102. Definitions.

Section 35-1-103. References to federal statutes.

Section 35-1-104. References to federal agencies.

Section 35-1-105. Electronic records and signatures.

Section 35-1-201. Exempt securities.

Section 35-1-202. Exempt transactions.

Section 35-1-203. Additional exemptions and waivers.

Section 35-1-204. Denial, suspension, revocation, condition, or limitation of exemptions.

Section 35-1-301. Securities registration requirement.

Section 35-1-302. Notice filing.

Section 35-1-303. Securities registration by coordination.

Section 35-1-304. Securities registration by qualification.

Section 35-1-305. Securities registration filings.

Section 35-1-306. Denial, suspension, and revocation of securities registration.

Section 35-1-307. Waiver and modification.

Section 35-1-401. Broker-dealer registration requirement; exemptions.

Section 35-1-402. Agent registration requirement and exemptions.

Section 35-1-403. Investment adviser registration requirement; exemptions.

Section 35-1-404. Investment advisor representative registration requirement; exemptions.

Section 35-1-405. Federal covered investment adviser notice filing requirement.

Section 35-1-406. Registration by broker-dealer, agent, investment adviser, and investment adviser representative.

Section 35-1-407. Succession and change in registration of broker-dealer or investment adviser.

Section 35-1-408. Termination of employment or association of agent and investment adviser representative; transfer of employment or association.

Section 35-1-409. Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.

Section 35-1-410. Examination and filing fee requirements.

Section 35-1-411. Postregistration requirements.

Section 35-1-412. Denial, revocation, suspension, withdrawal, restriction, condition, or limitation of registration.

Section 35-1-501. General fraud.

Section 35-1-502. Prohibited conduct in providing investment advice regarding securities.

Section 35-1-503. Evidentiary burden.

Section 35-1-504. Filing of sales and advertising literature.

Section 35-1-505. Misleading filings.

Section 35-1-506. Misrepresentations concerning registration or exemption.

Section 35-1-507. Qualified immunity.

Section 35-1-508. Criminal penalties.

Section 35-1-509. Civil liability.

Section 35-1-510. Rescission offers.

Section 35-1-601. Administration.

Section 35-1-602. Investigations and subpoenas.

Section 35-1-603. Civil enforcement.

Section 35-1-604. Administrative enforcement.

Section 35-1-605. Rules, forms, orders, interpretative opinions, and hearings.

Section 35-1-606. Administrative files and opinions.

Section 35-1-607. Public records; confidentiality.

Section 35-1-608. Uniformity and cooperation with other agencies.

Section 35-1-609. Judicial review.

Section 35-1-610. Jurisdiction.

Section 35-1-611. Service of process.

Section 35-1-612. Severability clause.

Section 35-1-701. Application of act to existing proceeding and existing rights and duties.

Section 35-1-702. Fees; portion of recovery in civil and administrative enforcement actions retained by Attorney General.

Section 35-1-703. Effective date.

Section 35-1-800. Definitions.

Section 35-1-810. Notification of agencies.

Section 35-1-820. Immunity from administrative and civil liability arising from a disclosure pursuant to Section 35-1-810.

Section 35-1-830. Disclosure of financial exploitation to designated third party.

Section 35-1-840. Immunity from administrative and civil liability arising from a disclosure pursuant to Section 35-1-830.

Section 35-1-850. Delay of a disbursement or transaction due to suspected financial exploitation.

Section 35-1-860. Immunity from administrative and civil liability arising from a delay pursuant to Section 35-1-850.

Section 35-1-870. Access to or copies of records relevant to suspected or attempted financial exploitation of an eligible adult to agencies or law enforcement; records not available for public examination.

Section 35-1-880. No protection for qualified individuals participating in or materially aiding the financial exploitation of an eligible adult.