SUBCHAPTER 06B – GENERAL

Section .0100 - Purpose

18 NCAC 06B .0101          SCOPE

(a)  The rules in this Chapter execute the authority granted to the Secretary of State pursuant to the following Chapters of the North Carolina General Statutes ("the Secretary's authority"): 

(1)           Chapter 78A, the North Carolina Securities Act;

(2)           Chapter 78C, the North Carolina Investment Advisers Act, including the Uniform Athlete Agents Act;

(3)           Chapter 78D, the North Carolina Commodities Act; and

(4)           Article 4, Part 5, of Chapter 105, Tax Credits for Qualified Business Investments.

(b)  The Secretary's authority under these statutes is administered under the supervision of the Deputy Securities Administrator through the Securities Division of the North Carolina Department of the Secretary of State.

History Note:        Authority G.S. 78A-45(a); 78A-49(a); 78C-26(a); 78C-30(a); 78C-105; 78D-25; 78D-27; 105-163.013;

Eff. April 1, 2009;

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

18 NCAC 06B .0102          ADMINISTRATION

(a)  "Administrator" as used in this Chapter means the Secretary of State.

(b)  The Deputy Securities Administrator shall carry out the duties assigned by statute and rule to the Administrator in G.S. Chapters 78A, 78C, 78D, and Article 4, Part 5, of Chapter 105, Tax Credits for Qualified Business Investments.

(c)  "Department" as used in this Chapter means the Department of the Secretary of State.

(d)  "Division" as used in this Chapter means the Securities Division of the Department of the Secretary of State.

History Note:        Authority G.S. 78A-45(a); 78A-49(a); 78C-26(a); 78C-30(a); 78C-105; 78D-25; 78D-27; 105-163.013;

Eff. April 1, 2009;

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

SECTION .0200 – CONSOLIDATED RULES

18 NCAC 06B .0201          SENIOR DESIGNATION AS DISHONEST OR UNETHICAL PRACTICE

(a)  This Rule applies to natural persons registered with the Division as securities dealers, securities salesmen, investment advisers or investment adviser representatives.

(b)  The NASAA Model Rule On The Use of Senior-Specific Certifications and Professional Designation, as adopted March 20, 2008, including subsequent amendments and editions, is hereby incorporated by reference. Copies of the NASAA Model Rule On The Use of Senior-Specific Certifications and Professional Designation are available free of charge on the Division's web page at https://www.sosnc.gov or at the NASAA web site, www.nasaa.org, under "Adopted Model Rules."

(c)  As used in the Model Rule, the "appropriate State securities act provisions" are G.S. 78A-39 and 78C-19.

History Note:        Authority G.S. 78A-39; 78A-49; 78C-19; 78C-30; 150B-21.6;

Eff. February 1, 2010;

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

Amended Eff. October 1, 2019.