Securities Law

31-103CP - Registration Requirements and Exemptions [CP Advance Notice - Lapsed]

Published Date:	2009-07-17
Effective Date:	2009-09-28
Rescinded Date:	2009-09-25
Document(s):	31-103CP Registration Requirements and Exemptions [CP Advance Notice] \| PDF

Concurrently Published:

BCN 2009/12 - Advance Notice of National Instrument 31-103 Registration Requirements and Exemptions,Companion Policy 31-103CP Registration Requirement and Exemptions,BC Interpretation Note XX, and BC Instrument 33-5xx and its companion policy, and consequential amendments to national and local instruments [BCN - Lapsed]

Table of Contents

	Part 1 Definitions and fundamental concepts 1.1 Introduction 1.2 Definitions 1.3 Fundamental concepts
Individual registration	Part 2 Categories of registration for individuals 2.1 Individual categories 2.2 Client mobility exemption - individuals Part 3 Registration requirements - individuals Division 1 General proficiency requirements 3.3 Time limits on examination requirements Division 2 Education and experience requirements 3.4 Proficiency - initial and ongoing 3.11 Portfolio manager - advising representative 3.12 Portfolio manager - associate advising representative Division 3 Membership in a self-regulatory organization 3.16 Exemptions from certain requirements for SRO-approved persons Part 4 Restrictions on registered individuals 4.2 Associate advising representatives - pre-approval of advice Part 5 Ultimate designated person and chief compliance officer 5.1 Responsibilities of the ultimate designated person 5.2 Responsibilities of the chief compliance officer Part 6 Suspension and revocation of registration - individuals 6.1 If individual ceases to have authority to act for firm 6.2 If IIROC approval is revoked or suspended 6.3 If MFDA approval is revoked or suspended 6.6 Revocation of a suspended registration - individual
Firm registration	Part 7 Categories of registration for firms 7.1 Dealer categories 7.2 Adviser categories 7.3 Investment fund manager category Part 8 Exemptions from the requirement to register Division 1 Exemptions from dealer and underwriter registration 8.5 Trades through or to a registered dealer 8.6 Adviser - non-prospectus qualified investment fund 8.19 Self-directed registered education savings plan Division 2 Exemptions from adviser registration 8.25 Advising generally Division 3 Exemptions from investment fund manager registration 8.28 Capital accumulation plan exemption Division 4 Mobility exemption - firms 8.30 Client mobility exemption - firms Part 9 Membership in a self-regulatory organization 9.3 Exemptions from certain requirements for SRO members Part 10 Suspension and revocation of registration - firms Division 1 When a firm’s registration is suspended 10.1 Failure to pay fees 10.2 If IIROC membership is revoked or suspended 10.3 If MFDA membership is revoked or suspended Division 2 Revoking a firm’s registration 10.5 Revocation of a suspended registration - firm 10.6 Exception for firms involved in a hearing
Business operations	Part 11 Internal controls and systems Division 1 Compliance 11.1 Compliance system 11.2 Designating an ultimate designated person 11.3 Designating a chief compliance officer Division 2 Books and records 11.5 General requirements for records 11.6 Form, accessibility and retention of records Division 3 Certain business transactions 11.8 Tied selling 11.9 Registrant acquiring a registered firm’s securities or assets 11.10 Registered firm whose securities are acquired Part 12 Financial condition Division 1 Working capital 12.1 Capital requirements Division 2 Insurance 12.4 Insurance - adviser 12.6 Global bonding or insurance Division 4 Financial reporting 12.14 Delivering financial information - investment fund manager
Client relationships	Part 13 Dealing with clients - individuals and firms Division 1 Know your client and suitability 13.2 Know your client 13.3 Suitability Division 2 Conflicts of interest 13.4 Identifying and responding to conflicts of interest 13.5 Restrictions on certain managed account transactions 13.6 Disclosure when recommending related or connected securities Division 3 Referral arrangements 13.7 Definitions - referral arrangements 13.8 Permitted referral arrangements 13.9 Verifying the qualifications of the person or company receiving the referral 13.10 Disclosing referral arrangements to clients Division 5 Complaints 13.15 Handling complaints 13.16 Dispute resolution service Part 14 Handling client accounts - firms Division 2 Disclosure to clients 14.2 Relationship disclosure information 14.4 When the firm has a relationship with a financial institution Division 3 Client assets 14.6 Holding client assets in trust Division 4 Client accounts 14.10 Allocating investment opportunities fairly Division 5 Account activity reporting 14.14 Client statements
Appendices	Appendix A - Contact information Appendix B - Terms not defined in NI 31-103 or this Companion Policy Appendix C - Proficiency requirements for individuals acting on behalf of a registered firm