[§485A-407] Succession and change in
registration of broker-dealer or investment adviser. (a) 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 section 485A-401 or 485A-403 or a notice pursuant to
section 485A-405 for the unexpired portion of the current registration or
notice filing.
(b) 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 shall be 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) A broker-dealer or investment adviser that
changes its name may continue its registration by filing an amendment to its
registration statement and providing any other information that the commissioner
determines is appropriate by rule adopted or order issued under this chapter.
The amendment becomes effective when filed or on a date designated by the
registrant.
(d) 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. [L 2006, c 229, pt of §1]