409.858. Annual report, records--amendment, broker--dealers--capital requirements--fidelity bonds--financial reports.
Annual report, records--amendment, broker--dealers--capitalrequirements--fidelity bonds--financial reports.
409.858. 1. For so long as a commodity broker-dealer orcommodity sales representative is licensed under sections 409.850to 409.863, he shall file an annual report, together with the feespecified by rule of the commissioner promulgated under section409.836, at a time and including that information which thecommissioner determines, by rule or order, is necessary orappropriate.
2. The commissioner may, by rule, require a licensedcommodity broker-dealer to maintain:
(1) Minimum net capital; and
(2) A prescribed ratio between net capital and aggregateindebtedness. The minimum net capital and netcapital-to-aggregate-indebtedness ratio may vary with type orclass of commodity broker-dealer.
3. If a licensed commodity broker-dealer believes, or hasreasonable cause to believe, that any requirement imposed on itunder subsection 2 of this section is not being met, it shallpromptly notify the commissioner of its current financialcondition.
4. The commissioner may, by rule, require the furnishing offidelity bonds from commodity broker-dealers.
5. A licensed commodity broker-dealer shall file financialand other reports which the commissioner determines, by rule, arenecessary or appropriate.
6. A licensed commodity broker-dealer or commodity salesrepresentative shall make and maintain records as thecommissioner determines, by rule, are necessary or appropriate.Required records may be maintained in computer or microformformat or any other form of data storage provided that therecords are readily accessible to the commissioner. Requiredrecords must be preserved for five years unless the commissioner,by rule, specifies either a longer or shorter period for aparticular type or class of records.
7. If the information contained in any document filed withthe commissioner, or his designee pursuant to this section,except for those documents which the commissioner, by rule ororder, may exclude from this requirement, is or becomesinaccurate or incomplete in any material respect, the licensedperson shall promptly file a correcting amendment, unlessnotification of the correction has been given under subsection 5of section 409.856.
(L. 1985 H.B. 409 & 532 § 24)