18 NCAC 06A .1411          RECORD KEEPING REQUIREMENTS FOR DEALERS

(a)  Unless otherwise provided by order of the Securities and Exchange Commission, each dealer registered or required to be registered under this Act shall make, maintain and preserve books and records in compliance with U.S. Securities and Exchange Commission Rules 17a-3 and 17a-4 (17 C.F.R. 240.17a-3 and 17 C.F.R. 240.17a-4) and with section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) and the rules promulgated thereunder, as amended from time to time.

(b)  To the extent required by the Securities Exchange Act of 1934 or the rules adopted thereunder, every dealer registered or required to be registered under this Act shall maintain within this State, in a readily accessible location, all records required by this Rule.  A written request for the waiver of the provisions of this Section may be made to the administrator to permit any registered dealer to maintain any of the records required by this Section, in some place other than the State of North Carolina.  In determining whether or not the provisions of this Section shall be waived the administrator may consider, among other things, whether the main office of the dealer is in a place outside the State of North Carolina or whether the dealer clears all or some of its transactions and uses all or some of the bookkeeping facilities of some other dealer whose main office is outside the State of North Carolina.

 

History Note:        Authority G.S. 78A‑38(a)(b)(d); 78A-49(a);

Eff. April 1, 1981;

Temporary Amendment Eff. October 1, 1997;

Amended Eff. August 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.