South Dakota Codified Laws
Chapter 31B - Uniform Securities Act Of 2002
Section 47-31B-407 - Succession and change in registration of broker-dealer or investment advisor.

47-31B-407. Succession and change in registration of broker-dealer or investment advisor.
(a) Succession. A broker-dealer or investment adviser may succeed to the current registration of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser, and a federal covered investment adviser may succeed to the current registration of an investment adviser or notice filing of another federal covered investment adviser, by filing as a successor an application for registration pursuant to §47-31B-401 or 47-31B-403 or a notice pursuant to §47-31B-405 for the unexpired portion of the current registration or notice filing.
(b) Organizational change. A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its registration by filing an amendment to its registration if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the registrant in its filing. The new organization is a successor to the original registrant for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for registration. A predecessor registered under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser registration within forty-five days after filing its amendment to effect succession.
(c) Name change. A broker-dealer or investment adviser that changes its name may continue its registration by filing an amendment to its registration. The amendment becomes effective when filed or on a date designated by the registrant.
(d) Change of control. A change of control of a broker-dealer or investment adviser may be made in accordance with a rule adopted or order issued under this chapter.

Source: SL 2004, ch 278, §23.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 47 - Corporations

Chapter 31B - Uniform Securities Act Of 2002

Section 47-31B-101 - Short title.

Section 47-31B-102 - Definitions.

Section 47-31B-103 - References to federal statutes.

Section 47-31B-104 - References to federal agencies.

Section 47-31B-105 - Electronic records and signatures.

Section 47-31B-201 - Exempt securities.

Section 47-31B-202 - Exempt transactions.

Section 47-31B-203 - Additional exemptions and waivers.

Section 47-31B-204 - Denial, suspension, revocation, condition, or limitation of exemptions.

Section 47-31B-301 - Securities registration requirement.

Section 47-31B-302 - Notice filing.

Section 47-31B-303 - Securities registration by coordination.

Section 47-31B-304 - Securities registration by qualification.

Section 47-31B-305 - Securities registration filings.

Section 47-31B-306 - Denial, suspension, and revocation of securities registration.

Section 47-31B-307 - Waiver and modification.

Section 47-31B-401 - Broker-dealer registration requirement and exemptions.

Section 47-31B-402 - Agent registration requirement and exemptions.

Section 47-31B-403 - Investment adviser registration and exemptions.

Section 47-31B-404 - Investment adviser representative registration requirement and exemptions.

Section 47-31B-405 - Federal covered investment adviser notice filing requirement.

Section 47-31B-406 - Registration by broker-dealer, agent, investment adviser, and investment adviser representative.

Section 47-31B-407 - Succession and change in registration of broker-dealer or investment advisor.

Section 47-31B-408 - Termination of employment or association of agent and investment adviser representative--Transfer of employment or association.

Section 47-31B-409 - Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.

Section 47-31B-410 - Filing fees.

Section 47-31B-411 - Postregistration requirements.

Section 47-31B-412 - Denial, revocation, suspension, withdrawal, restriction, condition, or limitation of registration.

Section 47-31B-501 - General fraud.

Section 47-31B-502 - Prohibited conduct in providing investment advice.

Section 47-31B-503 - Evidentiary burden.

Section 47-31B-504 - Filing of sales and advertising literature.

Section 47-31B-505 - Misleading filings.

Section 47-31B-506 - Misrepresentations concerning registration or exemption.

Section 47-31B-507 - Qualified immunity.

Section 47-31B-508 - Criminal penalties.

Section 47-31B-509 - Civil liability.

Section 47-31B-510 - Rescission offers.

Section 47-31B-601 - Administration.

Section 47-31B-602 - Investigations and subpoenas.

Section 47-31B-603 - Civil enforcement.

Section 47-31B-604 - Administrative enforcement.

Section 47-31B-605 - Rules, forms, orders, interpretive opinions, and hearings.

Section 47-31B-606 - Administrative files and opinions.

Section 47-31B-607 - Public records--Confidentiality.

Section 47-31B-608 - Uniformity and cooperation with other agencies.

Section 47-31B-609 - Judicial review.

Section 47-31B-610 - Jurisdiction.

Section 47-31B-611 - Service of process.

Section 47-31B-612 - Severability clause.

Section 47-31B-703 - Application of chapter to existing proceeding and existing rights and duties.