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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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