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AR SB362

Bill

Status

Passed

3/21/2011

Primary Sponsor

Larry Teague

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Origin

Senate

88th General Assembly (2011 Regular)

AI Summary

  • Amends the definition of "broker-dealer" under Arkansas securities law to clarify exemptions for persons with no place of business in Arkansas, including those effecting transactions only with issuers, other broker-dealers, or financial institutions, and those limiting transactions to no more than three persons in a 12-month period.

  • Establishes new exemptions for Canadian residents without Arkansas offices who comply with specific conditions including registration in their home province, membership in a Canadian self-regulatory organization, and disclosure to clients that they are not subject to full regulatory requirements.

  • Updates references to the Investment Advisers Act of 1940 from January 1, 2009 to January 1, 2011 for SEC-registered investment advisers and representatives.

  • Requires broker-dealers and investment advisers to establish, maintain, and enforce supervisory systems reasonably designed to achieve compliance with Arkansas securities laws and federal regulations, including written procedures and appointment of supervisory agents or representatives.

  • Mandates broker-dealers with branch offices in Arkansas to designate at least one resident principal for supervisory responsibility, with larger operations able to designate multiple resident principals for different branch offices.

Legislative Description

To Clarify The Definition And Residency Requirements For A “broker-dealer” Under The Arkansas Securities Act; To Establish Supervision Requirements For Broker-dealers And Investment Advisers; And To Make Technical Corrections

Last Action

Senate Notification that SB362 is now Act 338

3/21/2011

Committee Referrals

Insurance and Commerce2/28/2011
Insurance & Commerce2/21/2011

Full Bill Text

No bill text available