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Karen Tyler

Commissioner
ND Securities Department
600 East Boulevard Avenue
State Capitol, 5th Floor
Bismarck, ND 58505-0510
Phone: (701)-328-2910
Toll Free: (800)-297-5124
Fax: (701)-328-2946
Grafton Office
701 W 6th Street, #312
Grafton, ND 58237
Phone: 701-352-4592

EMERGENCY NOTICE No. 2020-01 Temporary Relief for Registrants Affected by the COVID-19 Outbreak Granted by the Commissioner under NDCC 10-04-03(2)

I. Relief from Requirement to Obtain Physical Signatures on Forms U4
The North Dakota Securities Commissioner understands that broker-dealers, state registered investment advisers and federal covered investment advisers may not be able to obtain physical signatures on Forms U4 in a timely manner as required by FINRA rules and similar provisions of the North Dakota Securities Act and related regulations. Such firms may submit Forms U4 electronically, without first obtaining physical signatures from individual agents or representatives, provided that the firm
(a) provides the individual with a copy of the completed Form U4 prior to filing,
(b) obtains the individual’s written agreement prior to filing that the form’s content is accurate and complete,
(c) retains the written acknowledgement in accordance with North Dakota’s laws and regulations, and
(d) obtains the applicant’s physical signature as soon as practicable.
 
II. Relief from Annual Update Filings and Document Delivery Requirements by State-Registered Investment Advisers
The North Dakota Securities Commissioner understands that state registered investment advisers may have difficulty updating their Forms ADV in a timely manner or meeting
their Form ADV delivery requirements. Accordingly, an investment adviser registered
with the North Dakota Securities Department may perform any of the Form ADV filing,
updating and customer delivery requirements set forth by the North Dakota Securities
Act and related regulations up to 45 days after such action is due to be performed. Relief
under this Section II is not available to any person not registered with the North Dakota
Securities Department as an investment adviser.
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Karen Tyler
Commissioner
North Dakota Securities Department
State Capitol | 600 E. Boulevard Ave., 5th Floor | Bismarck, ND 58505
PHONE: (701) 328-2910 | E-MAIL: ndsecurities@nd.gov