The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) made significant changes to the provisions governing the regulation of investment advisers under the Investment Advisers Act of 1940 (“IAA”). In addition to expanding the states’ oversight of investment advisers by increasing the assets under management threshold for registration with the Securities and Exchange [...]

NASAA’s Franchise and Business Opportunity Project Group is soliciting both internal and public comments on a proposal for model state law provisions regarding the delivery of franchise disclosure documents. The Proposal follows new federal franchise delivery requirements adopted under an Amended Federal Trade Commission Franchise Rule in 2007. In the interests of uniformity, the Proposal recommends [...]

NASAA’s Investment Adviser Regulatory Policy and Review Project Group is soliciting comments from the public on a proposed model rule regarding solicitors for investment advisers. The Proposed Rule keeps intact the increased investor protection standards presently required by the states, while clarifying the conditions under which investment advisers, investment adviser representatives, and solicitors must operate. [...]

The NASAA CRD/IARD Steering Committee and the CRD/IARD Forms and Process Committee have worked with FINRA, regulators, and representatives of the financial services industry in developing amendments to the Form U4 and Form U5. The proposed changes have been published by both FINRA and the SEC for public comment.  On May 13, 2009, the SEC [...]

The NASAA Coordinated Interpretations Project Group requests comment from the public on the adoption of a new Statement of Policy Regarding Multi-State Review of Requests for Interpretative Opinions and No-Action Letters. The comment period begins February 20, 2009 and will remain open for 30 days.  Accordingly, all comments should be submitted on or before March [...]

NASAA’s Franchise and Business Opportunities Project Group has released for internal and public comment a proposed Commentary to the 2008 Franchise Registration and Disclosure Guidelines (“2008 Franchise Commentary”). The 2008 Franchise Commentary contains practical guidance about complying with new Franchise Registration and Disclosure Guidelines and addresses questions of interpretation that have arisen about those Guidelines. The [...]

NASAA’s Investment Adviser Regulatory Policy and Review Project Group (“Project Group”) is soliciting comments from the public on a proposed set of investment adviser model rules written to reflect the organization and content of the 2002 Uniform Securities Act (“USA 2002”).  The Project Group is also seeking public comment on proposed revisions to the existing [...]

2008 FRANCHISE REGISTRATION AND DISCLOSURE GUIDELINES February 26, 2008 (AMENDED AND RESTATED UFOC GUIDELINES) The Board of Directors of the North American Securities Administrators Association, Inc. (NASAA) has authorized the release, for both internal and public comment, the attached proposal for updated franchise registration and disclosure guidelines.  The proposal would allow states that register franchise [...]

Comments are being solicited from the public on the following proposed model rule concerning the use of senior-specific certifications and professional designations. The comment period will remain open for 30 days, until December 9, 2007. Comments: AARP American Council of Life Insurers The American College American National Standards Institute CFP Board College of Financial Planning Financial Planners [...]

The Board of Directors of the North American Securities Administrators Association, Inc. (NASAA), has authorized release for public comment a proposal to update the following 11 NASAA CR-Equity statements of policy: Statement of Policy Regarding Corporate Securities Definitions (1997/1999) Statement of Policy Regarding Preferred Stock (1997) Statement of Policy Regarding Loans and Other Material Transactions [...]