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Form MA-I Form MA-I Form MA-I
ICR 201103-3235-015 · OMB 3235-0681 · Object 23643101.
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FORM MA-I APPLICATION FOR MUNICIPAL ADVISOR REGISTRATION FOR NATURAL PERSONS PART 1 This form must be completed by all municipal advisors who are natural persons, including employees of municipal advisors that are organized entities (referred to herein as “municipal advisory firms”) and sole proprietors (together, “natural person municipal advisors”). A municipal advisory firm applying for registration as a municipal advisor must complete Form MA. A sole proprietor must complete both Form MA and this Form MA-I. WARNING: Complete this form truthfully. False statements or omissions may result in denial of application, revocation of registration, or criminal prosecution. Form MA-I must be amended whenever any information previously provided becomes inaccurate. See General Instruction 9. All italicized terms are defined or described in the Glossary to this Form. Check the appropriate box: This is an: Initial application to register as a municipal advisor with the SEC. Amendment to the municipal advisor’s most recent Form MA-I. Municipal advisor’s annual self-certification. Item 1 Identifying Information Note: If this is an amendment to change identifying information regarding the applicant in part A below, check this box A. The Applicant Full Legal Name: First: __________ Middle: __________ Last: _______________ Suffix: ___ Individual CRD No.: _______________ SSN: _______________ B. The Applicant’s Municipal Advisory Firm Name of municipal advisory firm with which applicant is employed: ______________________________________________________________________________ Most recent date employment with this municipal advisory firm commenced (MM/DD/YYYY): _______________ Does the applicant have an independent contractor relationship with the above-named firm? Yes No Municipal Advisory Firm’s Registration Information: Check all that apply: Municipal Advisor SEC File No.: _______________ Municipal Securities Dealer SEC File No.: ______________ Broker-Dealer SEC File No.: _________________ CRD No.: _______________ SEC File No.: ___________ CRD No. _______________ CRD No.: ______________ Investment Adviser SEC-Registered State Registered Government Securities Broker-Dealer SEC File No.: _______________ Bank Identifier ___________ Other SEC Registration (Specify) ______________________ SEC File No. or CIK: ______ Enter the following information for each office of the municipal advisory firm where the natural person municipal advisor will be physically located, and supervised from, as applicable: Office Located At Supervised From Start Date: _______________ End Date: _______________ Street Address 1: _______________________________________________________________ Street Address 2: _______________________________________________________________ City: _____________ State: _____ Country: _______________ Postal Code: _______________ Private Residence Check Box: If the Office of Employment address is a private residence, check this box. Item 2 Other Names Enter the following information for all other names that you have used or are using, or by which you are known or have been known, other than your legal name, since the age of 18. This space should include, for example, nicknames, aliases, and names used before or after marriage. First Name: __________ Middle Name: __________ Last Name: _______________ Suffix: ___ Item 3 Residential History Starting with the current address, enter the following information for all residential addresses for the past 5 years. Leave no gaps greater than three months between addresses. Report changes in an amendment as they occur. Current Address: From (MM/YYYY): _______________ To (MM/YYYY): _______________ Street Address 1: _______________________________________________________________ Street Address 2: _______________________________________________________________ City: _____________ State: _____ Country: _______________ Postal Code: _______________ Prior Address: From (MM/YYYY): _______________ To (MM/YYYY): _______________ Street Address 1: _______________________________________________________________ Street Address 2: _______________________________________________________________ City: _____________ State: _____ Country: _______________ Postal Code: _______________ Item 4 Employment History Provide complete employment history for the past 10 years. Include the municipal advisory firm noted in Item 1. Enter the following information for each employer. Account for all time, leaving no gaps longer than three months, including full and part-time employment, self-employment, military service, and homemaking. Also include statuses such as unemployed, full-time education, extended travel, or other similar statuses. Report changes in an amendment as they occur. Current Employer: From (MM/YYYY): _______________ To (MM/YYYY): _______________ Name of Municipal Advisory Firm or Company: ______________________________________________________________________ City: _______________ State: _______________ Country: _______________ Municipal Advisor-Related Business? Yes No Investment-Related Business? Yes No Position Held: ___________________________________________________________________________ 2 Prior to the Above: From (MM/YYYY): _______________ To (MM/YYYY): _______________ Name of Municipal Advisory Firm or Company: ______________________________________________________________________ City: _______________ State: _______________ Country: _______________ Municipal Advisor-Related Business? Yes No Investment-Related Business? Yes No Position Held: ___________________________________________________________________________ Item 5 Other Business Are you currently engaged in any other business either as a proprietor, partner, officer, director, employee, trustee, agent or otherwise? Yes No If yes, please enter the following details for each other business below: Other Business: Start Date (MM/YYYY): _______________ Name of Business: ______________________________________________________________________ Street Address 1: _______________________________________________________________ Street Address 2: _______________________________________________________________ City: _______________ State: _______________ Country: _______________ Municipal Advisor-Related Business? Yes No Investment-Related Business? Yes No Nature of Business: ______________________________________________________________ Position/Title/Relationship: _______________________________ Approximate No. of Hours / Month: _____________ Description of Duties: Item 6 Disclosure Questions IF THE ANSWER TO ANY OF THE FOLLOWING QUESTIONS IS “YES,” COMPLETE DETAILS OF ALL EVENTS OR PROCEEDINGS ON THE APPROPRIATE DISCLOSURE REPORTING PAGES IN PART II. Refer to the Glossary for definitions or descriptions of italicized terms. YES NO (a) been convicted of or pled guilty or nolo contendere (“no contest”) in a domestic, foreign, or military court to any felony? (b) been charged with any felony? (a) been convicted of or pled guilty or nolo contendere (“no contest”) in a domestic or foreign court to any felony? (b) been charged with any felony? CRIMINAL ACTION DISCLOSURE Item 6A. (1) Have you ever: (2) Based upon activities that occurred while you exercised control over it, has an organization ever: Item 6B. (1) Have you ever: 3 (a) been convicted of or pled guilty or nolo contendere (“no contest”) in a domestic, foreign or military court to a misdemeanor involving: municipal advisory activities or a municipal advisor-related or investment-related business or any fraud, false statements or omissions, wrongful taking of property, bribery, perjury, forgery, counterfeiting, extortion, or a conspiracy to commit any of these offenses? (b) been charged with a misdemeanor specified in 6B(1)(a)? (a) been convicted of or pled guilty or nolo contendere (“no contest”) in a domestic or foreign court to a misdemeanor specified in 6B(1)(a)? (b) been charged with a misdemeanor specified in 6B(1)(a)? YES NO (2) Based upon activities that occurred while you exercised control over it, has an organization ever: REGULATORY ACTION DISCLOSURE Item 6C. Has the U.S. Securities and Exchange Commission or the Commodity Futures Trading Commission ever: (1) found you to have made a false statement or omission? (2) found you to have been involved in a violation of its regulations or statutes? (3) found you to have been the cause of a denial, suspension, revocation, or restriction of the authorization of a municipal advisor-related business or investment-related business to operate? (4) entered an order against you in connection with municipal advisor-related or investmentrelated activity? (5) imposed a civil money penalty on you, or ordered you to cease and desist from any activity? (6) found you to have willfully violated any provision of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act, or any rule or regulation under any of such Acts, or any of the rules of the Municipal Securities Rulemaking Board, or found you to have been unable to comply with any provision of such Act, rule or regulation? (7) found you to have willfully aided, abetted, counseled, commanded, induced, or procured the violation by any person of any provision of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act, or any rule or regulation under any of such Acts, or any of the rules of the Municipal Securities Rulemaking Board? (8) found you to have failed reasonably to supervise another person subject to your supervision, with a view to preventing the violation of any provision of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act, or any rule or regulation under any of such Acts, or any of the rules of the Municipal Securities Rulemaking Board? Item 6D. (1) Has any other federal regulatory agency or any state regulatory agency or foreign financial regulatory authority ever: 4 (a) found you to have made a false statement or omission or been dishonest, unfair or unethical? (b) found you to have been involved in a violation of municipal advisor-related or investmentrelated regulation(s) or statute(s)? (c) found you to have been a cause of the denial, suspension, revocation, or restriction of the authorization of a municipal advisor-related or investment-related business to operate? (d) entered an order against you in connection with a municipal advisor-related or investmentrelated activity? (e) denied, suspended, or revoked your registration or license or otherwise, by order, prevented you from associating with a municipal advisor-related or investment-related business or restricted your activities? (2) Have you been subject to any final order of a state securities commission (or any agency or office performing like functions), state authority that supervises or examines banks, savings associations, or credit unions, state insurance commission (or any agency or office performing like functions), an appropriate federal banking agency, or the National Credit Union Administration, that: (a) bars you from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, banking, savings association activities, or credit union activities; or (b) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct? (1) found you to have made a false statement or omission? (2) found you to have been involved in a violation of its rules (other than a violation designated as a “minor rule violation” under a plan approved by the U.S. Securities and Exchange Commission)? (3) found you to have been the cause of a denial, suspension, revocation, or restriction of the authorization of a municipal advisor-related or investment-related business to operate? (4) disciplined you by expelling or suspending you from membership, barring or suspending your association with its members, or restricting your activities? (5) found you to have willfully violated any provision of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act, or any rule or regulation under any of such Acts, or any of the rules of the Municipal Securities Rulemaking Board, or found you to have been unable to comply with any provision of such Act, rule or regulation? (6) found you to have willfully aided, abetted, counseled, commanded, induced, or procured the violation by any person of any provision of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act, or any rule or regulation under any of such Acts, or any of the rules of the Municipal Securities Rulemaking Board? 6E. Has any self-regulatory organization ever: 5 (1) regulatory complaint or proceeding that could result in a “yes” answer to any part of 6C, D or E? (If “yes,” complete the Regulatory Action Disclosure Reporting Page.) (2) investigation that could result in a “yes” answer to any part of 6A, B, C, D or E? (If “yes,” complete the Investigation Disclosure Reporting Page.) YES NO (a) enjoined you in connection with any municipal advisor-related or investment-related activity? (b) found that you were involved in a violation of any municipal advisor-related or investment-related statute(s) or regulation(s)? (c) dismissed, pursuant to a settlement agreement, a municipal advisor-related or investmentrelated civil action brought against you by a state or foreign financial regulatory authority? (2) Are you named in any pending municipal advisor-related or investment-related civil action that could result in a “yes” answer to any part of 6H(1)? CUSTOMER COMPLAINT/ARBITRATION/CIVIL LITIGATION DISCLOSURE YES NO (7) found you to have failed reasonably to supervise another person subject to your supervision, with a view to preventing the violation of any provision of the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Commodity Exchange Act, or any rule or regulation under any of such Acts, or any of the rules of the Municipal Securities Rulemaking Board? 6F. Have you ever had an authorization to act as an attorney, accountant or federal contractor that was revoked or suspended? 6G. Have you been notified, in writing, that you are now the subject of any: CIVIL JUDICIAL ACTION DISCLOSURE 6H. (1) Has any domestic or foreign court ever: 6I. (1) Have you ever been the subject of a municipal advisor-related or investment-related, consumer-initiated (written or oral) complaint which alleged that you were involved in fraud, false statements, omissions, theft, embezzlement, wrongful taking of property, bribery, forgery, counterfeiting, extortion, and dishonest, unfair or unethical practices, and which: (a) is still pending, or; (b) was settled? (2) Have you ever been the subject of a municipal advisor-related or investment-related, consumer-initiated arbitration or civil litigation which alleged that you were involved in fraud, false statements, omissions, theft, embezzlement, wrongful taking of property, bribery, forgery, counterfeiting, extortion, and dishonest, unfair or unethical practices, and which: (a) is still pending, or; 6 (b) resulted in an arbitration award or civil judgment against you, regardless of amount, or; (c) was settled? YES NO TERMINATION DISCLOSURE 6J. Have you ever voluntarily resigned, been discharged or permitted to resign after allegations were made that accused you of: (1) violating municipal advisor-related or investment-related statutes, regulations, rules, or industry standards of conduct? (2) fraud or the wrongful taking of property? (3) failure to supervise in connection with municipal advisor-related or investment-related statutes, regulations, rules or industry standards of conduct? YES NO (1) have you made a compromise with creditors, filed a bankruptcy petition or been the subject of an involuntary bankruptcy petition? (2) based upon events that occurred while you exercised control over it, has an organization made a compromise with creditors, filed a bankruptcy petition or been the subject of an involuntary bankruptcy petition? (3) based upon events that occurred while you exercised control over it, has a broker or dealer been the subject of an involuntary bankruptcy petition, or had a trustee appointed, or had a direct payment procedure initiated under the Securities Investor Protection Act? 6L. Has a bonding company ever denied, paid out on, or revoked a bond for you? FINANCIAL DISCLOSURE 6K. Within the past 10 years: 6M. Do you have any unsatisfied judgments or liens against you? 7 Item 7 Signature and Self-Certification Signature The municipal advisor consents that service of any civil action brought by, or notice of any proceeding before, the Securities and Exchange Commission or any self-regulatory organization in connection with the municipal advisor’s municipal advisory activities may be given by registered or certified mail or confirmed telegram to the municipal advisor’s address given in Item 1. To the extent that the municipal advisor is a non-resident municipal advisor, the municipal advisor must also complete Form MA-NR. I, the undersigned, certify, under penalty of perjury under the laws of the United States of America, that the information and statements made in this Form MA-I, including exhibits and any other information submitted, are true and correct, and that I am signing this Form MA-I Execution Page as a free and voluntary act. Date: _____________________ Full Legal Name of Municipal Advisor: ______________________________ By: ___________________________________________ (signature) Title: ________________________________ Self-Certification I, the undersigned, certify that: I have 1) sufficient qualifications, training, experience, and competence to effectively carry out my designated functions; 2) met, or within any applicable required timeframes will meet, such standards of training, experience, and competence, and such other qualifications, including testing, for a municipal advisor, required by the Commission, the MSRB or any other relevant self-regulatory organization; and 3) the necessary understanding of, and ability to comply with, all applicable regulatory obligations. For these purposes, such applicable regulatory obligations are obligations under the federal securities laws and rules promulgated thereunder and applicable rules promulgated by the MSRB, or any other relevant self-regulatory organization. Date: _____________________ Full Legal Name of Municipal Advisor: ______________________________ By: ___________________________________________ (signature) Title: ________________________________ Warning: Intentional misstatements or omissions of fact constitute Federal criminal violations. See, 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). 8 PART 2: DISCLOSURE REPORTING PAGES (DRPs) CRIMINAL ACTION DISCLOSURE This Disclosure Form is an INITIAL or AMENDED response to report details for affirmative response(s) to Question(s) 6A and 6B on Form MA-I; Check the question(s) you are responding to, regardless of whether you are answering the question(s) “yes” or amending the answer(s) to “no”: 6A(1)(a) 6A(1)(b) 6A(2)(a) 6A(2)(b) 6B(1)(a) 6B(1)(b) 6B(2)(a) 6B(2)(b) Use this Disclosure Form to report all charges arising out of the same event. One event may result in more than one affirmative answer to the above items. Multiple counts of the same charge arising out of the same event should be reported on the same Disclosure Form. Unrelated criminal actions, including separate cases arising out of the same event, must be reported on separate Disclosure Forms. Applicable court documents (i.e., criminal complaint, information or indictment as well as judgment of conviction or sentencing documents) must be provided electronically if not previously submitted. If the applicant is also registered through the IARD system or CRD system, registered with the SEC as a municipal advisor on Form MA, or previously registered with the SEC on Form MA-T, or is an associated person of a municipal advisor that is registered with the SEC on Form MA or that previously registered with the SEC on Form MA-T, has the applicant or municipal advisor with which it is associated previously submitted a DRP (with Form ADV, BD, or U4) to the IARD or CRD, or submitted to the SEC disclosure on Form MA-T or a DRP with a Form MA, for the event that contains the information required by this DRP? Yes No If the answer is “Yes,” no other information on this DRP must be provided. NOTE: The completion of this form does not relieve the applicant or any municipal advisor with which it is associated of its obligation to update its Form MA or its IARD or CRD records. 1. If charge(s) were brought against an organization over which you exercise(d) control: A. Organization Name:___________________________________________ B. Municipal Advisor-Related or Investment-Related business? Yes No C. Position, title or relationship:___________________________________________ 2. Formal action was brought in: Federal Court State Court Foreign Court Military Court Other: ______________________ A. Name of Court:____________________________________________________________________ B. Location of Court (City or County and State or Country):_____________________________________________ C. Docket/Case#:______________ 3. Event Status: A. Current status of the Event? Pending On Appeal Final B. Event Status Date (complete unless status is pending) (MM/DD/YYYY):_________ If not exact, provide explanation: Exact Explanation 4. Event and Disposition Disclosure Detail (Use this for both organizational and individual charges.): A. Date First Charged (MM/DD/YYYY):_________________ Exact Explanation If not exact, provide explanation: 9 CRIMINAL ACTION DISCLOSURE (CONT.) B. Event and Disposition Detail: Charge Details (complete every space for each charge) Formal Charge/Description: No. of Counts: _________________ Felony or Misdemeanor: Felony Misdemeanor Plea for each Charge: ___________________________________________________________ Disposition of Charge: Acquitted Amended Convicted Deferred Adjudication Explanation: Dismissed Found not guilty Pled guilty Pled not guilty Pre-trial intervention Reduced Other (requires explanation) Date of Amended Charge, if applicable: ___________________________________________________________ If original charge was amended or reduced, specify new charge (i.e., list amended charge or reduced charge): No. of Counts (for amended or reduced charge): _________________ Specify if amended or reduced charge is a Felony or Misdemeanor: Felony Misdemeanor Plea for each amended or reduced Charge: __________________________________________________________ Disposition of amended or reduced Charge: Acquitted Dismissed Amended Found not guilty Convicted Pled guilty Deferred Adjudication Pled not guilty Explanation: Pre-trial intervention Reduced Other (requires explanation) Charge Details (complete every space for each charge) Formal Charge/Description: No. of Counts: _________________ Felony or Misdemeanor: Felony Misdemeanor Plea for each Charge: ___________________________________________________________ Disposition of Charge: Acquitted Amended Convicted Deferred Adjudication Explanation: Dismissed Found not guilty Pled guilty Pled not guilty Pre-trial intervention Reduced Other (requires explanation) Date of Amended Charge, if applicable: ___________________________________________________________ If original charge was amended or reduced, specify new charge (i.e., list amended charge or reduced charge): No. of Counts (for amended or reduced charge): _________________ Specify if amended or reduced charge is a Felony or Misdemeanor: Felony Misdemeanor Plea for each amended or reduced Charge: __________________________________________________________ 10 CRIMINAL ACTION DISCLOSURE (CONT.) Disposition of amended or reduced Charge: Acquitted Dismissed Amended Found not guilty Convicted Pled guilty Deferred Adjudication Pled not guilty Explanation: Pre-trial intervention Reduced Other (requires explanation) Charge Details (complete every space for each charge) Formal Charge/Description: No. of Counts: _________________ Felony or Misdemeanor: Felony Misdemeanor Plea for each Charge: ___________________________________________________________ Disposition of Charge: Acquitted Amended Convicted Deferred Adjudication Explanation: Dismissed Found not guilty Pled guilty Pled not guilty Pre-trial intervention Reduced Other (requires explanation) Date of Amended Charge, if applicable: ___________________________________________________________ If original charge was amended or reduced, specify new charge (i.e., list amended charge or reduced charge): No. of Counts (for amended or reduced charge): _________________ Specify if amended or reduced charge is a Felony or Misdemeanor: Felony Misdemeanor Plea for each amended or reduced Charge: __________________________________________________________ Disposition of amended or reduced Charge: Acquitted Dismissed Amended Found not guilty Convicted Pled guilty Deferred Adjudication Pled not guilty Explanation: C. Date of Disposition (MM/DD/YYYY):_________________ If not exact, provide explanation: Pre-trial intervention Reduced Other (requires explanation) Exact Explanation D. Sentence/Penalty; Duration (if suspension, probation, etc): Start Date of Penalty: (MM/DD/YYYY); End date of Penalty: (MM/DD/YYYY); If Monetary penalty/fine - Amount paid; Date monetary/penalty fine paid: (MM/DD/YYYY) if not exact, provide explanation. 5. Comment (Optional). You may use this space to provide a brief summary of the circumstances leading to the charge(s) as well as the current status or final disposition. Your information must fit within the space provided. 11 REGULATORY ACTION DISCLOSURE INITIAL AMENDED response to report details for affirmative response(s) to Question(s) 6C, 6D, 6E, 6F and 6G(1) on Form MA-I; Check the question(s) you are responding to, regardless of whether you are answering the question(s) “yes” or amending the answer(s) to “no”: 6C(1) 6D(1)(a) 6E(1) 6F 6C(2) 6D(1)(b) 6E(2) 6C(3) 6D(1)(c) 6E(3) 6G(1) 6C(4) 6D(1)(d) 6E(4) 6C(5) 6D(1)(e) 6E(5) 6C(6) 6D(2)(a) 6E(6) 6C(7) 6D(2)(b) 6E(7) 6C(8) One matter may result in more than one affirmative answer to the above items. Use a single Disclosure Form to report details to the same event. If an event gives rise to actions by more than one regulator, provide details to each action on a separate Disclosure Form. If the applicant is also registered through the IARD system or CRD system, registered with the SEC as a municipal advisor on Form MA, or previously registered with the SEC on Form MA-T, or is an associated person of a municipal advisor that is registered with the SEC on Form MA or that previously registered with the SEC on Form MA-T, has the applicant or municipal advisor with which it is associated previously submitted a DRP (with Form ADV, BD, or U4) to the IARD or CRD, or submitted to the SEC disclosure on Form MA-T or a DRP with a Form MA, for the event that contains the information required by this DRP? Yes No If the answer is “Yes,” no other information on this DRP must be provided. NOTE: The completion of this form does not relieve the applicant or any municipal advisor with which it is associated of its obligation to update its Form MA or its IARD or CRD records. 1. Regulatory Action initiated by: A. (Select appropriate item): SEC Other Federal Agency Jurisdiction SRO CFTC Foreign Financial Regulatory Authority Federal Banking Agency National Other:__________________________ Credit Union Administration B. Full name of regulator (if other than the SEC) that initiated the action:__________________________________ 2. Sanctions Sought (select all that apply): Penalty(ies)/Fines(s) on 3. Date Initiated (MM/DD/YYYY):_______________________________ Exact Explanation If not exact, provide explanation: 4. Docket/Case#:_______________________________ 5. Employing Municipal Advisory Firm when activity occurred which led to the regulatory action:_______________________________ 12 REGULATORY ACTION DISCLOSURE (CONT.) 6. Product Type(s): (select all that apply) -Charitable tment-DPP & LP Interest -Fixed -Variable Preferred Stock) -OTC ity -Financial -Asset Backed -Corporate -Government -Municipal 7. Describe the allegations related to this regulatory action: 8. Current Status? Pending On Appeal Final 9. If pending, are there any limitations or restrictions currently in effect? If the answer is “yes,” provide details: 10. If on appeal: A. Action appealed to: SEC SRO CFTC Federal Court Yes No State Agency or Commission State Court Other:_________________________________ B. Date appeal filed (MM/DD/YYYY):_______________________________ Exact Explanation If not exact, provide explanation: C. Are there any limitations or restrictions currently in effect while on appeal? If the answer is “yes,” provide details: Yes No If Final or On Appeal, complete all items below. For Pending Actions, complete Item 14 only. 11. Resolution Detail: A. How was matter resolved? (select appropriate item): Acceptance Waiver & Consent (AWC) Decision & Order of Offer of Settlement Settled Vacated Nunc Pro Tunc / ab initio Consent Dismissed Stipulation and Consent Withdrawn B. Resolution Date (MM/DD/YYYY):_______________________________ If not exact, provide explanation: 13 Decision Order Vacated Exact Explanation REGULATORY ACTION DISCLOSURE (CONT.) 12. Does the order constitute a final order based on violations of any laws or regulations that prohibit fraudulent, or deceptive conduct? Yes No 13. Sanction Detail: A. Were any of the following sanctions ordered? (Select all appropriate items): ) Penalty(ies)/Fine(s) B. Other sanctions ordered:_______________________________ C. If suspended or barred, provide: Sanction Type: Bar (Permanent) Bar (Temporary / Time Limited) Suspension Registration Capacities affected (e.g., General Securities Principal, Financial Operations Principal, All Capacities, etc.): Duration (length of time):__________________________________ If not exact, provide explanation: Exact Explanation Start Date (MM/DD/YYYY):_______________________________ If not exact, provide explanation: Exact Explanation End Date (MM/DD/YYYY):_______________________________ If not exact, provide explanation: Exact Explanation Sanction Details Sanction Type: Bar (Permanent) Bar (Temporary / Time Limited) Suspension Registration Capacities affected (e.g., General Securities Principal, Financial Operations Principal, All Capacities, etc.): Duration (length of time):__________________________________ If not exact, provide explanation: Exact Explanation Start Date (MM/DD/YYYY):_______________________________ If not exact, provide explanation: Exact Explanation End Date (MM/DD/YYYY):_______________________________ If not exact, provide explanation: Exact Explanation 14 REGULATORY ACTION DISCLOSURE (CONT.) Sanction Details Sanction Type: Bar (Permanent) Bar (Temporary / Time Limited) Suspension Registration Capacities affected (e.g., General Securities Principal, Financial Operations Principal, All Capacities, etc.): B. Duration (length of time):_______________________________ If not exact, provide explanation: Exact Explanation Start Date (MM/DD/YYYY):_______________________________ If not exact, provide explanation: Exact Explanation End Date (MM/DD/YYYY):_______________________________ If not exact, provide explanation: Exact Explanation D. If requalification by exam/retraining was a condition of the sanction, provide: Requalification Details Requalification Type: Requalification by Exam Re-Training Length of time given to requalify/retrain:__________________ Type of Exam required:___________________________________________ Has condition been satisfied? Yes No Explanation: Other Requalification Details Requalification Type: Requalification by Exam Re-Training Length of time given to requalify/retrain:__________________ Type of Exam required:___________________________________________ Has condition been satisfied? Yes No Explanation: Other Requalification Details Requalification Type: Requalification by Exam Re-Training Length of time given to requalify/retrain:__________________ Type of Exam required:___________________________________________ Has condition been satisfied? Yes No Explanation: 15 Other REGULATORY ACTION DISCLOSURE (CONT.) E. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide: Monetary Sanction Details Monetary Related Sanction Type: Civil and Administrative Penalty(ies)/Fine(s) Monetary Penalty other than Fines Total Amount: $_________________ Portion levied against you: $_________________ Payment Plan: Is Payment Plan Current? Yes No Date Paid by You (MM/DD/YYYY):_________________ If not exact, provide explanation: Disgorgement Restitution Exact Explanation Was any portion of penalty waived? Yes No If yes, amount: $_________________ Monetary Sanction Details Monetary Related Sanction Type: Civil and Administrative Penalty(ies)/Fine(s) Monetary Penalty other than Fines Total Amount: $_________________ Portion levied against you: $_________________ Payment Plan: Is Payment Plan Current? Yes No Date Paid by You (MM/DD/YYYY):_________________ If not exact, provide explanation: Disgorgement Restitution Exact Explanation Was any portion of penalty waived? Yes No If yes, amount: $_________________ Monetary Sanction Details Monetary Related Sanction Type: Civil and Administrative Penalty(ies)/Fine(s) Monetary Penalty other than Fines Total Amount: $_________________ Portion levied against you: $_________________ Payment Plan: Is Payment Plan Current? Yes No Date Paid by You (MM/DD/YYYY):_________________ If not exact, provide explanation: Disgorgement Restitution Exact Explanation Was any portion of penalty waived? Yes No If yes, amount: $_________________ 14. Comment (Optional). You may use this space to provide a brief summary of the circumstances leading to the action as well as the current status or disposition and/or finding(s). 16 INVESTIGATION DISCLOSURE This Disclosure Form is an INITIAL or AMENDED response to report details for affirmative response(s) to Question(s) 6G(2) on Form MA-I; Check the question(s) you are responding to, regardless of whether you are answering the question(s) “yes” or amending the answer(s) to “no”: 6G(2) Complete this Disclosure Form only if you are answering “yes” to Item 6G(2). If you answered “yes” to Item 6G(1), complete the Regulatory Action Disclosure Form. If you have been notified that the investigation has been concluded without formal action, complete items 4 and 5 of this Disclosure Form to update. One event may result in more than one investigation. If more than one authority is investigating you, use a separate Disclosure Form to provide details. If the applicant is also registered through the IARD system or CRD system, registered with the SEC as a municipal advisor on Form MA, or previously registered with the SEC on Form MA-T, or is an associated person of a municipal advisor that is registered with the SEC on Form MA or that previously registered with the SEC on Form MA-T, has the applicant or municipal advisor with which it is associated previously submitted a DRP (with Form ADV, BD, or U4) to the IARD or CRD, or submitted to the SEC disclosure on Form MA-T or a DRP with a Form MA, for the event that contains the information required by this DRP? Yes No If the answer is “Yes,” no other information on this DRP must be provided. NOTE: The completion of this form does not relieve the applicant or any municipal advisor with which it is associated of its obligation to update its Form MA or its IARD or CRD records. 1. Investigation initiated by: A. Notice Received From (select appropriate item): SRO Foreign Jurisdiction SEC Other Federal Financial Agency Regulatory Authority Other:_________________________________ B. Full name of regulator (if other than the SEC) that initiated the investigation:____________________________ 2. Notice Date (MM/DD/YYYY):______________________________ Exact Explanation If not exact, provide explanation: 3. Describe briefly the nature of the investigation, if known: 4. Is investigation pending? Yes No If no, complete item 5. If yes, skip to item 6. 5. Resolution Details: A. Date Closed/Resolved (MM/DD/YYYY):______________________________ If not exact, provide explanation: Exact Explanation B. How was investigation resolved? (select appropriate item): Closed Without Further Action Closed - Regulatory Action Initiated Other:_______________________ 6. Comment (Optional). You may use this space to provide a brief summary of the circumstances leading to the investigation, as well as the current status or final disposition and/or finding(s). 17 CIVIL JUDICIAL ACTION DISCLOSURE This Disclosure Form is an INITIAL or AMENDED response to report details for affirmative response(s) to Question(s) 6H on Form MA-I; Check the question(s) you are responding to, regardless of whether you are answering the question(s) “yes” or amending the answer(s) to “no”: 6H(1)(a) 6H(1)(b) 6H(1)(c) 6H(2) One event may result in more than one affirmative answer to the above items. Use only one Disclosure Form to report details related to the same event. Unrelated civil judicial actions must be reported on separate Disclosure Forms. If the applicant is also registered through the IARD system or CRD system, registered with the SEC as a municipal advisor on Form MA, or previously registered with the SEC on Form MA-T, or is an associated person of a municipal advisor that is registered with the SEC on Form MA or that previously registered with the SEC on Form MA-T, has the applicant or municipal advisor with which it is associated previously submitted a DRP (with Form ADV, BD, or U4) to the IARD or CRD, or submitted to the SEC disclosure on Form MA-T or a DRP with a Form MA, for the event that contains the information required by this DRP? Yes No If the answer is “Yes,” no other information on this DRP must be provided. NOTE: The completion of this form does not relieve the applicant or any municipal advisor with which it is associated of its obligation to update its Form MA or its IARD or CRD records. 1. Court Action initiated by: A. (Select appropriate item): SEC Other Federal Agency Jurisdiction Foreign Financial Regulatory Authority Municipal Advisory Firm Private Plaintiff B. Name of party initiating the proceeding:___________________________________________ 2. Relief Sought: (select all that apply): Cease and Desist Injunction Restraining Order Civil and Administrative Penalty(ies)/Fine(s) Monetary Penalty other than Fines Other:______________________ Disgorgement Restitution 3. A. Filing Date of Court Action (MM/DD/YYYY):_________________ Exact Explanation If not exact, provide explanation: B. Date notice/process was served (MM/DD/YYYY):_________________ Exact Explanation If not exact, provide explanation: 18 CIVIL JUDICIAL ACTION DISCLOSURE (CONT.) 4. Product Type(s): (select all that apply) -Charitable -DPP & LP Interest -Fixed -Variable ther than CD) Preferred Stock) -OTC -Financial -Asset Backed -Corporate -Government -Municipal ment Trust 5. Formal Action was brought in: Federal Court State Court Foreign Court Military Court Other:_____________________________ A. Name of Court:____________________________________________________________________ B. Location of Court (City or County and State or Country):_____________________________________________ C. Docket/Case#:______________ 6. Employing Municipal Advisory Firm when activity occurred which led to the civil judicial action:_____________________________ 7. Describe the allegations related to this civil action. (Your information must fit within the space provided.): 8. Current Status? Pending On Appeal Final 9. If pending and any limitations or restrictions are currently in effect, provide details: 10. If on appeal: A. Action appealed to (provide name of court):_______________________________________________________ B. Location of Court (City or County and State or Country):_____________________________________________ C. Docket/Case#:______________ D. Date appeal filed (MM/DD/YYYY):_________________ Exact Explanation If not exact, provide explanation: E. Appeal details (including status): F. If on appeal and any limitations or restrictions are currently in effect, provide details: 19 CIVIL JUDICIAL ACTION DISCLOSURE (CONT.) If Final or On Appeal, complete all items below. For Pending Actions, complete Item 13 only. 11. Resolution Detail: A. How was matter resolved? (Select appropriate item) Consent Judgment Rendered Settled Vacated Vacated Nunc Pro Tunc / ab initio Dismissed Withdrawn Other: _________________ B. Resolution Date (MM/DD/YYYY):_________________ If not exact, provide explanation: Exact Explanation 12. Sanction Detail: A.Were any of the following Sanctions Ordered or Relief Granted? (Select all that apply) Penalty(ies)/Fine(s) B. Other Sanctions: ___________________________________________________ C. If enjoined, provide: Injunction Details Registration Capacities Affected (e.g., General Securities Principal, Financial Operations Principal, All Capacities, etc.): Duration (length of time):_________________ If not exact, provide explanation: Exact Explanation Start Date (MM/DD/YYYY):_________________ If not exact, provide explanation: Exact Explanation End Date (MM/DD/YYYY):_________________ If not exact, provide explanation: Exact Explanation Injunction Details Registration Capacities Affected (e.g., General Securities Principal, Financial Operations Principal, All Capacities, etc.): Duration (length of time):_________________ If not exact, provide explanation: Exact Explanation Start Date (MM/DD/YYYY):_________________ If not exact, provide explanation: Exact Explanation End Date (MM/DD/YYYY):_________________ If not exact, provide explanation: Exact Explanation 20 CIVIL JUDICIAL ACTION DISCLOSURE (CONT.) Injunction Details Registration Capacities Affected (e.g., General Securities Principal, Financial Operations Principal, All Capacities, etc.): Duration (length of time):_________________ If not exact, provide explanation: Exact Explanation Start Date (MM/DD/YYYY):_________________ If not exact, provide explanation: Exact Explanation End Date (MM/DD/YYYY):_________________ If not exact, provide explanation: Exact Explanation D. If disposition resulted in a fine, penalty, restitution, disgorgement or monetary compensation, provide: Monetary Related Sanction Details Monetary Related Sanction Type: Monetary Fine Disgorgement Restitution Other (requires explanation) Explanation: Total Amount: $_________________ Portion levied against you: $_________________ Date Paid by You (MM/DD/YYYY):_________________ If not exact, provide explanation: Exact Explanation Was any portion of penalty waived? Yes No If yes, amount: $_________________ Monetary Related Sanction Details Monetary Related Sanction Type: Monetary Fine Disgorgement Restitution Other (requires explanation) Explanation: Total Amount: $_________________ Portion levied against you: $_________________ Date Paid by You (MM/DD/YYYY):_________________ If not exact, provide explanation: Was any portion of penalty waived? Yes No If yes, amount: $_________________ 21 Exact Explanation CIVIL JUDICIAL ACTION DISCLOSURE (CONT.) Monetary Related Sanction Details Monetary Related Sanction Type: Monetary Fine Disgorgement Restitution Other (requires explanation) Explanation: Total Amount: $_________________ Portion levied against you: $_________________ Date Paid by You (MM/DD/YYYY):_________________ If not exact, provide explanation: Exact Explanation Was any portion of penalty waived? Yes No If yes, amount: $_________________ 13. Comment (Optional). You may use this space to provide a brief summary of the circumstances leading to the action, as well as the current status or disposition and/or finding(s). 22 CUSTOMER COMPLAINT / ARBITRATION / CIVIL LITIGATION DISCLOSURE This Disclosure Form is an INITIAL or AMENDED response to report details for affirmative response(s) to Question(s) 6I on Form MA-I; Check the question(s) you are responding to, regardless of whether you are answering the question(s) “yes” or amending the answer(s) to “no”: 6I(1)(a) 6I(2)(a) 6I(2)(c) 6I(1)(b) 6I(2)(b) One matter may result in more than one affirmative answer to the above items. Use a single Disclosure Form to report details relating to a particular matter (i.e., a customer complaint/arbitration/CFTC reparation/civil litigation). Use a separate Disclosure Form for each matter. If the applicant is also registered through the IARD system or CRD system, registered with the SEC as a municipal advisor on Form MA, or previously registered with the SEC on Form MA-T, or is an associated person of a municipal advisor that is registered with the SEC on Form MA or that previously registered with the SEC on Form MA-T, has the applicant or municipal advisor with which it is associated previously submitted a DRP (with Form ADV, BD, or U4) to the IARD or CRD, or submitted to the SEC disclosure on Form MA-T or a DRP with a Form MA, for the event that contains the information required by this DRP? Yes No If the answer is “Yes,” no other information on this DRP must be provided. NOTE: The completion of this form does not relieve the applicant or any municipal advisor with which it is associated of its obligation to update its Form MA or its IARD or CRD records. Disclosure Instructions: • Complete items 1-6 for all matters (i.e., customer complaints, arbitrations/CFTC reparations and civil litigation in which you are not named as a party, as well as arbitrations/CFTC reparations and civil litigation in which you are named as a party). • If the matter involves a customer complaint, or an arbitration/CFTC reparation or civil litigation in which you are not named as a party, complete items 7-11 as appropriate. • If a customer complaint has evolved into an arbitration/CFTC reparation or civil litigation, amend the existing Disclosure Form by completing items 9 and 10. • If the matter involves an arbitration/CFTC reparation in which you are a named party, complete items 12-16, as appropriate. If the matter involves a civil litigation in which you are a named party, complete items 17-23. • Item 24 is an optional space and applies to all event types (i.e., customer complaint, arbitration/CFTC reparation, civil litigation). Complete items 1-6 for all matters (i.e., customer complaints, arbitrations/CFTC reparations, civil litigation). 1. Customer Name(s):___________________________________________________________________________ 2. A. Customer(s) State of Residence (select “not on list” when the customer’s residence is a foreign address):___________________ B. Other state(s) of residence/detail: 3. Employing Municipal Advisory Firm when activities occurred which led to the customer complaint, arbitration, CFTC reparation or civil litigation: 4. Allegation(s) and a brief summary of events related to the allegation(s) including dates when activities leading to the allegation(s) occurred: 23 CUSTOMER COMPLAINT / ARBITRATION / CIVIL LITIGATION DISCLOSURE (CONT.) 5. Product Type(s): (select all that apply) -Charitable -DPP & LP Interest -Fixed -Variable ther than CD) Preferred Stock) -OTC -Financial -Asset Backed -Corporate -Government -Municipal ment Trust 6. Alleged Compensatory Damage Amount: $___________________________________________________ Exact Explanation: If the matter involves a customer complaint, arbitration/CFTC reparation or civil litigation in which you are not named as a party, complete items 7-11 as appropriate. [Note: Report in Items 12-16, or 17-23, as appropriate, only arbitrations/CFTC reparations or civil litigation in which you are named as a party.] 7. A. Is this an oral complaint? Yes No B. Is this a written complaint? Yes No C. Is this an arbitration/CFTC reparation or civil litigation? Yes No If yes, provide: i. Arbitration/reparation forum or court name and location:______________________________________________ ii. Docket/Case#:______________________________ iii. Filing date of arbitration/CFTC reparation or civil litigation (MM/DD/YYYY):_______________ D. Date received by/served on firm (MM/DD/YYYY):_______________ If not exact, provide explanation: Exact Explanation 8. Is the complaint, arbitration/CFTC reparation or civil litigation pending? Yes No If “No,” complete item 9. 9. If the complaint, arbitration/CFTC reparation or civil litigation is not pending, provide status: Closed/No Action Withdrawn Denied Settled Arbitration Award/Monetary Judgment (for claimants/plaintiffs) Arbitration Award/Monetary Judgment (for respondents/defendants) Evolved into Arbitration/CFTC reparation (you are a named party) Evolved into Civil litigation (you are a named party) If status is arbitration/CFTC reparation in which you are not a named party, provide details in item 7C. If status is arbitration/CFTC reparation in which you are a named party, complete items 12-16. If status is civil litigation in which you are a named party, complete items 17-23. 24 CUSTOMER COMPLAINT / ARBITRATION / CIVIL LITIGATION DISCLOSURE (CONT.) 10. Status Date (MM/DD/YYYY):_______________ If not exact, provide explanation: Exact Explanation 11. Settlement/Award/Monetary Judgment: A. Settlement/Award/Monetary Judgment amount: $_________________ B. Your Contribution Amount: $_________________ If the matter involves an arbitration or CFTC reparation in which you are a named respondent, complete items 12-16, as appropriate. 12. A. Arbitration/CFTC reparation claim filed with (FINRA, AAA, CFTC, etc.):____________________________ B. Docket/Case#:______________________________ C. Date notice/process was served (MM/DD/YYYY):_______________ Exact Explanation If not exact, provide explanation: 13. Is arbitration/ CFTC reparation pending? If “No,” complete item 14. Yes No 14. If the arbitration/CFTC reparation is not pending, what was the disposition? (Agent/Representative) monetary) _______________________ 15. Disposition Date (MM/DD/YYYY):_______________ If not exact, provide explanation: Exact Explanation 16. Monetary Compensation Details (award, settlement, reparation amount): A. Total Amount: $_________________ B. Your Contribution Amount: $_________________ If the matter involves a civil litigation in which you are a defendant, complete items 17-23. 17. Court in which case was filed: Federal Court State Court Foreign Court Military Court Other: ______________________ A. Name of Court:____________________________________________________________________ B. Location of Court (City or County and State or Country):_____________________________________________ C. Docket/Case#:______________ 18. Date received by/served on firm (MM/DD/YYYY):_______________ Exact Explanation If not exact, provide explanation: 19. Is the civil litigation pending? Yes No If “No,” complete item 20. 20. If the civil litigation is not pending, what was the disposition? 25 CUSTOMER COMPLAINT / ARBITRATION / CIVIL LITIGATION DISCLOSURE (CONT.) 21. Disposition Date (MM/DD/YYYY):_______________ If not exact, provide explanation: Exact Explanation 22. Monetary Compensation Details (judgment, restitution, settlement amount): A. Total Amount: $_________________ B. Your Contribution Amount: $_________________ 23. If action is currently on appeal: A. Enter date appeal filed (MM/DD/YYYY):_______________ If not exact, provide explanation: B. Court appeal filed in: Federal Court State Court Foreign Court Exact Explanation Military Court Other: ______________________ A. Name of Court:____________________________________________________________________ B. Location of Court (City or County and State or Country):____________________________________________ C. Docket/Case#:______________ 24. Comment (Optional). You may use this space to provide a brief summary of the circumstances leading to the customer complaint, arbitration/CFTC reparation and/or civil litigation as well as the current status or final disposition(s). Your information must fit within the space provided. 26 TERMINATION DISCLOSURE This Disclosure Form is an INITIAL or AMENDED response to report details for affirmative response(s) to Question(s) 6J on Form MA-I; Check the question(s) you are responding to, regardless of whether you are answering the question(s) “yes” or amending the answer(s) to “no”: 6J(1) 6J(2) 6J(3) One event may result in more than one affirmative answer to the above items. Use only one Disclosure Form to report details to the same termination. Use a separate Disclosure Form for each termination reported. If the applicant is also registered through the IARD system or CRD system, registered with the SEC as a municipal advisor on Form MA, or previously registered with the SEC on Form MA-T, or is an associated person of a municipal advisor that is registered with the SEC on Form MA or that previously registered with the SEC on Form MA-T, has the applicant or municipal advisor with which it is associated previously submitted a DRP (with Form ADV, BD, or U4) to the IARD or CRD, or submitted to the SEC disclosure on Form MA-T or a DRP with a Form MA, for the event that contains the information required by this DRP? Yes No If the answer is “Yes,” no other information on this DRP must be provided. NOTE: The completion of this form does not relieve the applicant or any municipal advisor with which it is associated of its obligation to update its Form MA or its IARD or CRD records. 1. Municipal Advisory Firm Name:_________________________________________________ 2. Termination Type: Discharged Permitted to Resign Voluntary Resignation 3. Termination Date (MM/DD/YYYY):_______________________________ Exact Explanation If not exact, provide explanation: 4. Allegation(s): 5. Product Type(s): (select all that apply) -Charitable -DPP & LP Interest -Fixed -Variable ther than CD) Preferred Stock) -OTC -Financial -Asset Backed -Corporate -Government -Municipal ment Trust 6. Comment (Optional). You may use this space to provide a brief summary of the circumstances leading to the termination. Your information must fit within the space provided. 27 JUDGMENT / LIEN DISCLOSURE This Disclosure Form is an INITIAL or AMENDED response to report details for affirmative response(s) to Question(s) 6M on Form MA-I; Check the question(s) you are responding to, regardless of whether you are answering the question “yes” or amending the answer(s) to “no”: 6M If multiple, unrelated events result in the same affirmative answer, details must be provided on separate Disclosure Forms. If the applicant is also registered through the IARD system or CRD system, registered with the SEC as a municipal advisor on Form MA, or previously registered with the SEC on Form MA-T, or is an associated person of a municipal advisor that is registered with the SEC on Form MA or that previously registered with the SEC on Form MA-T, has the applicant or municipal advisor with which it is associated previously submitted a DRP (with Form ADV, BD, or U4) to the IARD or CRD, or submitted to the SEC disclosure on Form MA-T or a DRP with a Form MA, for the event that contains the information required by this DRP? Yes No If the answer is “Yes,” no other information on this DRP must be provided. NOTE: The completion of this form does not relieve the applicant or any municipal advisor with which it is associated of its obligation to update its Form MA or its IARD or CRD records. 1. Judgment/Lien Amount:$_____________________________________ 2. Judgment/Lien Holder:_____________________________________ 3. Judgment/Lien Type: Civil Tax 4. Date Filed (MM/DD/YYYY):_______________________________ Exact Explanation If not exact, provide explanation: 5. Court action brought in: Federal Court State Court Foreign Court Other:__________________ A. Name of Court:____________________________________________________________________ B. Location of Court (City or County and State or Country):_____________________________________________ C. Docket/Case#:______________ Check this box if the Docket/Case# is your SSN, a Bank Card number, or a Personal Identification Number. 6. Is Judgment/Lien outstanding? Yes No If “No,” complete item 7. If “Yes,” skip to item 8. 7. If Judgment/Lien is not outstanding, provide: A. Status Date (MM/DD/YYYY):_______________________________ If not exact, provide explanation: B. How was matter resolved? (select appropriate item): Exact Explanation Discharged Released Removed Satisfied 6. Comment (Optional). You may use this space to provide a brief summary of the circumstances leading to the action as well as the current status or final disposition. Your information must fit within the space provided. 28
| File Type | application/pdf |
| File Title | Proposed Rule: Registration of Municipal Advisors - Form MA-I |
| Subject | Date: 2010-12-20 |
| Author | U.S. Securities and Exchange Commission |
| File Modified | 2010-12-20 |
| File Created | 2009-11-24 |