No. 33620 (5-year Review): Rule R628-15. Certification as an Investment Adviser  

  • DAR File No.: 33620
    Filed: 05/05/2010 04:32:41 PM

    NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

    Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

    The definition of an investment adviser under Section 51-7-3 requires that any adviser wishing to become certified to do business with Utah public treasurers meet criteria of Council Rule. Section 51-7-11.5 requires certified investment advisers to meet requirements of Council Rule. In addition, Subsection 51-7-18(2) gives the Money Management Council the authority to make rules governing certified investment advisers and provide standings and requirements for the regulation and qualification of certified investment advisers.

    Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

    No written comments have been received.

    Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

    This rule has been in place for five years and has provided the Council with the ability to watch over certified investment advisers to make sure that the advisers are investing public funds in accordance with the Money Management Act, Title 51, Chapter 7. The rule needs to be continued to provide requirements for certification, which include insurance coverage, minimum accounting standards, forum and methods for dispute resolution, and requiring the investment adviser to be familiar with the Act and Rules of the Council, as there are several public treasurers utilizing Certified investment advisers at this time.

    The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

    Money Management Council
    Administration
    350 N STATE ST
    STE 180
    SALT LAKE CITY, UT 84114

    Direct questions regarding this rule to:

    Authorized by:

    William Wallace, Chair

    Effective:

    05/05/2010


Document Information

Effective Date:
5/5/2010
Publication Date:
06/01/2010
Filed Date:
05/05/2010
Agencies:
Money Management Council,Administration
Authorized By:
William Wallace, Chair
DAR File No.:
33620
Related Chapter/Rule NO.: (1)
R628-15. Certification as an Investment Adviser.