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order, may waive, in whole or in part, the application of the | | prohibitions of this subsection to the investment adviser. |
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| | | 4.__Investment adviser representative licensing required.__It | | is unlawful for an investment adviser to employ or associate with | | an individual required to be licensed under this chapter as an | | investment adviser representative who transacts business in this | | State on behalf of the investment adviser unless the individual | | is licensed under section 16404, subsection 1 or is exempt from | | licensing under section 16404, subsection 2. |
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| | | 5.__Rulemaking.__Rules adopted pursuant to this section are | | routine technical rules as defined in Title 5, chapter 375, | | subchapter 2-A. |
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| | | §16404.__Investment adviser representative licensing requirement |
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| | | 1.__Licensing requirement.__It is unlawful for an individual | | to transact business in this State as an investment adviser | | representative unless the individual is licensed under this | | chapter as an investment adviser representative or is exempt from | | licensing as an investment adviser representative under | | subsection 2. |
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| | | 2.__Exemptions from licensing.__The following individuals are | | exempt from the licensing requirement of subsection 1: |
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| | | A.__An individual who is employed by or associated with an | | investment adviser that is exempt from licensing under | | section 16403, subsection 2 or a federal covered investment | | adviser that is excluded from the notice filing requirements | | of section 16405; and |
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| | | B.__Any other individual exempted by rule adopted or order | | issued under this chapter. |
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| | | 3.__License effective only while employed or associated.__The | | license of an investment adviser representative is effective only | | while the investment adviser representative is employed by or | | associated with an investment adviser licensed under this chapter | | or a federal covered investment adviser that has made or is | | required to make a notice filing under section 16405 and is | | effective only with respect to conduct engaged in as an employee | | or otherwise on behalf of said investment adviser. |
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| | | 4.__Limit on affiliations.__An individual may transact | | business as an investment adviser representative for more than | | one investment adviser or federal covered investment adviser | | unless a rule | | adopted or order issued under this chapter |
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