West Virginia Code of State Rules Agency 111 - Securities Commission

West Virginia Code of State Rules – Agency 111: Securities Commission

Overview:

Agency 111 of the West Virginia Code of State Rules (CSR) contains the administrative regulations adopted by the West Virginia Securities Commission, which is a division within the West Virginia State Auditor’s Office. These rules govern the registration, regulation, and oversight of securities, broker-dealers, investment advisers, and related financial activities in the state.

The rules are designed to protect investors, ensure fair financial practices, and enforce compliance with both state and federal securities laws, particularly the West Virginia Uniform Securities Act (found in WV Code §32-1).

Key Topics Covered in Agency 111 Rules:

Securities Registration and Exemptions

Procedures for registering securities for sale in West Virginia

Exemptions for certain offerings (e.g., federal covered securities, private placements)

Filing requirements, fees, and disclosure standards

Broker-Dealer and Agent Registration

Requirements for broker-dealers, agents, and sales representatives

Licensing procedures, background checks, and annual renewals

Conduct standards and recordkeeping obligations

Investment Adviser Regulation

Registration of investment advisers and their representatives

Custody rules, disclosure documents, and fiduciary responsibilities

Advertising and performance reporting standards

Franchise Offerings

Registration and regulation of franchise offerings (under WV Franchise Investment Law)

Disclosure requirements and exemptions

Anti-Fraud and Enforcement Provisions

Definitions and prohibitions on deceptive or manipulative practices

Authority of the Securities Commissioner to investigate and enforce rules

Penalties, fines, injunctions, and administrative hearings

Corporate Finance Filings

Filing procedures for mergers, acquisitions, and other corporate finance activities

Regulation of crowdfunding and intrastate securities offerings

Examples of CSR Chapters Under Agency 111 (illustrative):

111CSR1 – Rules of Procedure

111CSR2 – Broker-Dealer and Agent Registration

111CSR3 – Investment Adviser Regulation

111CSR5 – Securities Registration and Exemptions

111CSR7 – Enforcement and Administrative Proceedings

111CSR10 – Franchise Offerings

(Note: Chapter numbers are illustrative; actual CSR designations may differ depending on version and updates.)

Administering Agency:

West Virginia Securities Commission
(A division of the West Virginia State Auditor's Office)
Website: https://www.wvsao.gov

Legal Authority:

West Virginia Code Chapter 32 – Uniform Securities Act

Chapter 32A – West Virginia Franchise Investment Law

Federal Laws Referenced:

Securities Act of 1933

Securities Exchange Act of 1934

Investment Advisers Act of 1940

 

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