C.R.S. Section 11-51-407
Operating requirements


(1)

Intentionally left blank —Ed.

(a)

The securities commissioner may by rule require licensed broker-dealers who are not registered under the federal “Securities Exchange Act of 1934”:

(I)

To satisfy specified minimum financial responsibility requirements;

(II)

To file with the securities commissioner specified financial and other information;

(III)

To make and maintain specified records and to preserve such records for five years or such other period as may be specified;

(IV)

To establish written supervisory procedures and a system for applying such procedures that is reasonably expected to prevent and detect violations of this article; and

(V)

To acquire and keep in force a fidelity bond in such minimum amount and covering such risks as may be specified.

(b)

The securities commissioner may by rule require licensed investment advisers whose principal office and place of business is in this state, and licensed investment advisers whose principal office and place of business is not in this state but that is either not licensed in the state where it maintains its principal office and place of business or not in compliance with such state’s financial operating requirements or books and records requirements:

(I)

To file with the securities commissioner specified financial and other information;

(II)

To make and maintain specified records and to preserve such records for five years or such other period as may be specified; and

(III)

To establish written supervisory procedures and a system for applying such procedures that is reasonably expected to prevent and detect violations of this article.

(c)

If a broker-dealer or investment adviser at any time knows, or has reason to know, that it is not in compliance with any rule made by the securities commissioner under this subsection (1), the broker-dealer or investment adviser shall promptly notify the securities commissioner of all relevant facts.

(2)

The securities commissioner may by rule require licensed broker-dealers who are registered under the federal “Securities Exchange Act of 1934” to make, maintain, and preserve specified records, but no rule made by the securities commissioner under this subsection (2) shall require any broker-dealer to make, maintain, or preserve any records other than those required to be made, maintained, and preserved under the federal “Securities Exchange Act of 1934”.

(3)

Intentionally left blank —Ed.

(a)

Every licensed broker-dealer, licensed investment adviser, and every licensed sales representative shall file with the securities commissioner such information as may be necessary to correct any information in that person’s application for license that is or has become inaccurate in any material respect. The requirements of this subsection (3) may be satisfied by a broker-dealer who is registered as a broker-dealer under the federal “Securities Exchange Act of 1934” or by a sales representative licensed to act for such a broker-dealer by filing the correcting information through the central registration depository.

(b)

A federal covered adviser who has filed the notice described in section 11-51-403 shall file with the securities commissioner a copy of each amendment filed by such adviser with the securities and exchange commission at the time such amendment is filed with the securities and exchange commission.

(4)

Every licensed broker-dealer who is not registered under the federal “Securities Exchange Act of 1934” shall at all times have in its employment one or more individuals who have passed the written examination required under section 11-51-405 for individuals with supervisory responsibility. Every licensed investment adviser shall at all times have one or more individuals employed or otherwise associated with the investment adviser designated as having supervisory responsibilities over the investment adviser representatives of such adviser. Such individual or individuals shall have primary responsibility to supervise all of the licensed sales representatives of the broker-dealer, or all of the licensed investment adviser representatives of the investment adviser, as the case may be, and, for the purposes of section 11-51-410, each such individual who is not a partner, officer, or director of the broker-dealer or investment adviser shall be deemed a person occupying a similar status or performing similar functions as a partner, officer, or director. A broker-dealer or investment adviser who is not in compliance with this subsection (4) shall promptly notify the securities commissioner of all relevant facts.

(5)

No investment adviser with its principal office and place of business in this state or investment adviser representative of a licensed investment adviser with a place of business in this state shall take or maintain custody or possession of any funds or securities in which any client of such person has any beneficial interest unless:

(a)

All of the securities of each client are segregated, marked to identify the particular client with any beneficial interest therein, and held in safekeeping in some place reasonably free from risk of loss, damage, or destruction; and

(b)

Intentionally left blank —Ed.

(I)

All of the funds of each client are deposited in one or more accounts, containing only clients’ funds, at a depository institution; and

(II)

Each account is maintained in the name of the investment adviser or a federal covered adviser as agent or trustee for such clients; and

(III)

A separate record is maintained for each such account that shows the name and address of the depository institution where the account is maintained, the dates and amounts of deposits to and withdrawals from the account, and the exact amount of each client’s beneficial interest in the account; and

(c)

Written notification is sent to the client giving the place and manner in which the client’s funds or securities will be maintained immediately after the investment adviser or investment adviser representative accepts custody or possession of such funds or securities from the client and thereafter, if and when there is any change in the place or manner, written notification is sent to the client explaining the change; and

(d)

An itemized statement is sent to each client, at least once every three months, that shows the client’s funds and securities in the custody or possession of the investment adviser or investment adviser representative at the end of the period and all debits, credits, and transactions affecting the funds and securities during the period; and

(e)

A certified public accountant or, with the prior written consent of the client, a public accountant verifies all funds and securities of clients at least once during each calendar year through an actual examination. Such examination shall be at a time chosen by the accountant without prior notice to the investment adviser or investment adviser representative. The investment adviser shall file with the securities commissioner promptly after each such examination a certificate from the accountant in which such accountant avers to the commissioner that the accountant has performed an examination of the funds and securities accounts, and in which the accountant describes the nature and extent of the examination, and the results and conclusions reached.

(f)

The investment adviser or investment adviser representative who has custody of client funds or securities posts bonds in amounts and with conditions the securities commissioner may by rule prescribe, subject to the limitations of section 222 (c) of the federal “Investment Advisers Act of 1940”. Any equivalent deposit of cash or securities shall be accepted in lieu of any bonds so required. Every bond shall provide for suit thereon by any person who has a cause of action under section 11-51-604 (3) and (5).

Source: Section 11-51-407 — Operating requirements, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-11.­pdf (accessed Oct. 20, 2023).

11‑51‑101
Short title and purpose
11‑51‑102
Scope of article
11‑51‑201
Definitions
11‑51‑201.5
Investment adviser registration depository - definition
11‑51‑202
References to federal statutes
11‑51‑301
Requirement for registration of securities
11‑51‑302
General registration provisions
11‑51‑303
Registration by coordination
11‑51‑304
Registration by qualification
11‑51‑304.5
Notice filing - investment companies
11‑51‑305
Filing of sales literature
11‑51‑306
Denial, suspension, or revocation of registration
11‑51‑307
Exempt securities
11‑51‑308
Exempt transactions
11‑51‑308.5
Crowdfunding - intrastate offering of securities - online intermediaries - rules - fees - short title - legislative declaration
11‑51‑308.7
Colorado digital token act - legislative declaration - exemptions - definitions - rules
11‑51‑309
Discretionary exemptions
11‑51‑310
Denial or revocation of exemptions
11‑51‑311
Coordination of exemptions
11‑51‑401
Licensing and notice filing requirements
11‑51‑402
Exempt broker-dealers, sales representatives - sanctions - exempt investment advisers and investment adviser representatives
11‑51‑403
Application for license - notice filing requirements
11‑51‑404
License and notice fees
11‑51‑405
Examinations and alternate qualifications
11‑51‑406
General provisions
11‑51‑407
Operating requirements
11‑51‑408
Licensing of successor firms
11‑51‑409
Access to records
11‑51‑409.5
Mandatory disclosure - investment advisers and investment adviser representatives
11‑51‑410
Denial, suspension, or revocation
11‑51‑411
Abandonment of license
11‑51‑412
Withdrawal
11‑51‑501
Fraud and other prohibited conduct
11‑51‑502
Misleading filings
11‑51‑503
Unlawful representation concerning a license, registration, or exemption
11‑51‑601
Investigations - subpoenas
11‑51‑602
Enforcement by injunction
11‑51‑603
Criminal penalties
11‑51‑603.5
Concurrent enforcement by attorney general - legislative declaration
11‑51‑604
Civil liabilities
11‑51‑605
Burden of proof
11‑51‑606
Conduct of proceedings - cease-and-desist orders - consent orders - summary orders - issued by securities commissioner - rules
11‑51‑607
Judicial review of orders
11‑51‑701
Division of securities - creation - powers and duties
11‑51‑702.5
Securities board - creation - duties - repeal
11‑51‑703
Administration of article
11‑51‑704
Rules, forms, and orders
11‑51‑705
Interpretive opinions
11‑51‑706
Consent to service of process
11‑51‑707
Collection of fees - division of securities cash fund created
11‑51‑708
Administrative files
11‑51‑801
Effective date of article
11‑51‑802
Savings provisions
11‑51‑803
Repeal of article
11‑51‑901
Short title
11‑51‑902
General powers of securities commissioner
11‑51‑903
Interests in local government investment pool trust fund
11‑51‑904
Requirement for registration of local government investment pools
11‑51‑905
General registration requirements
11‑51‑906
Reports to securities commissioner
11‑51‑907
Access to records
11‑51‑908
Confidentiality of information
11‑51‑1001
Short title
11‑51‑1002
Definitions
11‑51‑1003
Governmental disclosures - immunity
11‑51‑1004
Third-party disclosures - immunity
11‑51‑1005
Delaying disbursements - immunity
11‑51‑1006
Immunity for nondisclosure
11‑51‑1007
Records
11‑51‑1008
Multiple duties to report
Green check means up to date. Up to date

Current through Fall 2024

§ 11-51-407’s source at colorado​.gov