Brokers, Dealers, Salespersons

For information on the Dec. 2, 2020 revisions to 13 NYCRR Part 10, please visit IPB Rule Change.

Frequently Asked Questions (FAQs)

In addition to the below, please review the Broker-Dealer and Securities Registration Information Sheet above and the Part 10 – EFD Form D Guidance for information on broker, dealer and salesperson registration.

The department has civil and criminal authority to initiate action and impose costs, which are determined on a case by case basis.

If the issuer is registered or has otherwise properly filed in New York, secondary trading is permissible.

No. Registration fees are non-refundable.

By statute, registrations are filed when received. However upon review, if the filing was incomplete it may not be considered filed.

If the combined new offering now totals more than five hundred thousand dollars, then an additional nine hundred dollars must be paid. There is no need to file a new form, but please send a letter and explain the details. In addition, a further state notice with a fee of $75 must be sent to the Secretary of State for the new issuance.

These forms can be downloaded here: State Forms. Please note that the State Notice and Further State Notice and the accompanying fees are to be filed with NYS Department of State, State Records, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231-0001.

Offerings of $500,000 or less, the filing fee is $300. Offerings for more than $500,000, the filing fee is $1,200.

Yes. Each Federal Regulation D Covered Securities Dealer must submit the required fee.

The fee in EFD is derived from the total amount of the EDGAR offering.

Paper personal checks are not accepted. Send an attorney’s check, certified check, bank check, company check or money order made payable to: New York State Department of Law. You can also use OAG’s ePayment system. Please review the ePay system user guide.

New York has begun accepting Form D filings through efdnasaa.org beginning December 2, 2020. In general, Form 99 amendments to a Form 99 in effect prior to December 2, 2020 must be made on the Form 99. See Part 10 – EFD Form D Guidance.

Yes, issuers can voluntarily submit the form NF for registration of UITs through the EFD system. EFD allows filers to pay the state filing fee electronically. EFD filers need not submit the U-2 consent to service, state notice or further state notice.

Registration:

    • Securities
      • M-11
      • State Notice
      • Form 99
        Retired other than for the limited purpose of making amendments to Form 99 filings submitted prior to February 1, 2021 and active through December 2, 2024.
    • Theatrical Financing
  • Open Management Type Co. NF  (PDF) (replaces form M1A)

Exemption Filing General:

Designation of Service of Process Agent General:

  • Uniform Instruction Sheet (Designation Pro.)

Security Takeover

Notice of Appearance Form