Rule 1301:6-3-16.1 | Application for an investment adviser representative's license.
(A) License application contents and procedure. Pursuant to division (D) of section 1707.161 of the Revised Code, investment adviser representative license application and procedure shall be as follows:
(1) The license application specified in division (D) of section 1707.161 of the Revised Code shall consist of:
(a) A properly completed form U-4, "Uniform Application for Securities Industry Registration or Transfer" for each investment adviser for whom the applicant seeks to act as an investment adviser representative;
(b) The license fee required by division (B)(5) of section 1707.17 of the Revised Code;
(c) A properly completed standard impression sheet prescribed by the superintendent of the bureau of criminal identification and investigation on which fingerprint impressions by the natural person applying to be licensed as an investment adviser representative shall be made in accordance with the fingerprint system of identification no more than thirty days prior to applying in accordance with this rule.
(i) The division will waive this requirement if the applicant has a current approved status by a self regulatory organization or regulatory authority at the time application for licensure is made with the division and the applicant has submitted fingerprint impressions to the "Financial Industry Regulatory Authority" (FINRA) or the central registration depository (CRD) in connection with the approved status.
(ii) Absent an exception prescribed by the superintendent of the bureau of criminal identification and investigation, Ohio residents applying for licensure will have fingerprint impressions completed at an authorized Ohio WebCheck location, or through any other method approved by the superintendent of the Ohio bureau of criminal investigation and request the results be directed to the division;
(iii) Non-Ohio resident applicants for licensure will have fingerprint impressions completed at an authorized Ohio WebCheck location, or through any other method approved by the superintendent of the Ohio bureau of criminal investigation, and request the results be direct to the division, or submit a properly completed division-specific fingerprint card to the division for processing in accordance with the Ohio bureau of criminal investigation procedures.
(2) An application for licensure of an investment adviser representative shall be submitted to the division by the investment adviser with whom the applicant investment adviser representative proposes to be employed or affiliated, through the central registration depository or CRD, maintained on the internet by the "Financial Industry Regulatory Authority."
(3) A form U-4 is considered filed with the division upon acceptance by the CRD.
(B) As a condition of licensing, every applicant for licensing as an investment adviser representative shall furnish evidence to the division that they have satisfied one of the criteria listed in paragraphs (B)(1) to (B)(3) of this rule:
(1) Been licensed as an investment adviser representative by the division within the two years immediately preceding the date of the application; or
(2) Achieved a passing score on the following exams, or their successor exams, within two years of the date of filing an application:
(a) The uniform investment adviser law exam (series 65); or
(b) The securities industry essentials exam (SIE), the general securities representative exam (series 7), and the uniform combined state law exam (series 66);
(3) Currently holds in good standing any one of the following professional designations:
(a) "Certified Financial Planner" awarded by the "Certified Financial Planner Board of Standards, Inc.";
(b) Chartered financial analyst;
(c) Chartered financial consultant;
(d) Chartered investment counselor; or
(e) Certified public accountant with a personal financial specialist designation.
(4) An applicant under this rule will be considered to have met the requirement under paragraph (B) of this rule if the applicant was licensed or registered as an investment adviser representative in another United States jurisdiction within the two years immediately preceding the filing of an application with the division;
(5) An applicant will be considered to have passed the securities industry essentials exam (SIE) referenced in paragraph (B)(2)(b) of this rule if they currently maintain a non-expired "SIE Credit" issued by the "Financial Industry Regulatory Authority";
(6) Any individual who has not been registered or licensed as an investment adviser representative in any state for more than two years but fewer than five years, who has elected to participate in the FINRA maintaining qualifications program (MQP) pursuant to FINRA rule 1240(c), and whose appropriate FINRA qualifying examinations remain valid pursuant to effective participation in the FINRA MQP will not have to retake the appropriate FINRA qualifying examinations to comply with the examination requirements of paragraph (B)(2) of this rule; provided, however, that successful participation in the FINRA MQP will not extend the series 65/uniform investment adviser law examination or the series 66/uniform combined state law examination for purposes of investment adviser representative licensing.
(7) An individual who terminates their licensure as an investment adviser representative may maintain the validity of their series 65 or the investment adviser representative portion of the series 66, as applicable, without being employed by or associated with an investment adviser or federal covered investment adviser for a maximum of five years following the termination of the effectiveness of the investment adviser representative license if the individual meets all of the following:
(a) The individual previously took and passed the examination for which they seek to maintain validity under this rule;
(b) The individual was registered as an investment adviser representative for at least one year immediately preceding the termination of the investment adviser representative's registration;
(c) The individual was not subject to a statutory disqualification as defined in Section 3(a)(39) of the Exchange Act while registered as an investment adviser representative or at any period after termination of the registration;
(d) The person elects to participate in the exam validity extension program ("EVEP") under this paragraph within two years from the effective date of the termination of the investment adviser representative registration;
(e) The individual does not have a deficiency under the investment adviser representative continuing education program at the time the investment adviser representative registration becomes ineffective;
(f) The person completes annually on or before December thirty-first of each calendar year in which the person participates in the IAR EVEP:
(i) Six continuing education credits of IAR ethics and professional responsibility content offered by an authorized provider, including at least three hours covering the topic of ethics, and
(ii) Six continuing education credits of IAR products and practice content offered by an authorized provider;
(g) An individual who elects to participate in EVEP is required to complete the continuing education credits required by (B)(7)(f) of this rule for each calendar year that elapses after the individual's investment adviser representative registration became ineffective regardless of when the individual elects to participate in EVEP;
(h) An individual who complies with the FINRA maintaining qualification program under FINRA rule 1240(c) shall be considered in compliance with paragraph (B)(7)(f) of this rule; and
(i) Veterans as that termed is defined in rule 1301-1-04 of the Administrative Code and spouses of veterans are eligible for an extension of the continuing education requirements in this paragraph if such individuals are in compliance with paragraph (D) of rule 1301-1-04 of the Administrative Code.
(C) Updating. Updates to the form U-4 shall be promptly filed with the division through the CRD.
(D) For purposes of this rule:
(1) Upon the discontinuation of the employment or affiliation of a licensed investment adviser representative, the investment adviser with which the investment adviser representative was employed or affiliated, shall, within thirty calendar days of the discontinuation, submit to the division through the CRD a request to cancel the license of the investment adviser representative. The request shall be made on form U-5, "Uniform Termination Notice For Securities Industry Registration." The request to cancel the license shall become effective as described in paragraph (K)(2) of rule 1301:6-3-15.1 of the Administrative Code.
(2) Every request to cancel the license of an investment adviser representative that is filed pursuant to this rule shall constitute a "report" within the meaning of applicable provisions of Chapter 1707. of the Revised Code and the rules adopted by the division thereunder.
(E) In the event the investment adviser representative acts as an investment adviser representative for two nonaffiliated investment advisers, the investment adviser representative will retain in his or her records, evidence that the investment adviser representative has notified both investment advisers of the dual affiliation.
(F) Renewal of an investment adviser representative license for the following year shall be accomplished through the renewals program of the CRD.
(G) In the event that an application for an investment adviser representative license has been pending for more than one hundred eighty days and the applicant has failed to correct outstanding deficiencies, the division may terminate the application through the CRD thirty days after informing the applicant that the application is subject to termination.
Last updated July 20, 2026 at 8:06 AM
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