Brokers, Dealers, Salespersons
- Broker-Dealer and Securities Registration Information Sheet | PDF
- This form must be filed with the Department of State and a copy sent to the Department of Law with each issuer registration.
- State Notice PDF
To view please download a free Acrobat PDF Reader
- Form 99 Notification Filing Pursuant to National Securities Markets Improvement Act of 1996 ("NSMIA")
- Registration and Application Forms with Index for the Investor Protection Bureau
- Investment Protection (Securities) Filing Fees/Fee Chart
Frequently Asked Questions
- Question: What are the penalties if the issuer has sold securities without registering?
Answer:The department has civil and criminal authority to initiate action and impose costs, which are determined on a case by case basis.
- Question:If I sell securities to someone and they want to resell to a New York resident, are there any forms to file for secondary trading?
Answer: If the issuer is registered in New York, secondary trading is permissible. It is suggested that you file the M-11, Section 7.
- Question: If I cancel my registration to sell securities, can I obtain a refund of the registration fee?
Answer: No. Registration fees are non-refundable.
- Question: Is the information in the Memorandum or offering literature private? Can the public view it?
Answer: The offering literature of memorandum is public information. The department will consider a request by the filer to withhold certain information such as trade secrets.
- Question: If I get confirmation that my filing was received on a certain date, but not reviewed, can I go ahead and do business?
Answer: By statute, registrations are filed when received. However upon review, if the filing is incomplete, it may not be considered filed.
- Question: If I paid the lower fee of $300 when registering for the minimum offering amount ($500 thousand or less), and later increase the offering amount over $500 thousand, do I refile? Do I pay $1,200 or $900 dollars? Are there any additional fees?
Answer: If the combined new offering now totals more then 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.
- Question: Where can I find the state notice and the further state notice forms?
Answer: These forms can be downloaded from the New York State Department of State website see business and licensing services, click on corporations, see miscellaneous/state records, click on forms and instructions.
- Question: What are the filing fees for the M-11 and the Form 99 registration?
Answer: Offerings of $500 thousand or less, the filing fee is $300. Offerings for more than $500 thousand, the filing fee is $1,200 effective August 13, 2003.
- Question: Can I send a personal check?
Answer: 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.
- Question: What form is filed if there is an amendment to a Rule 506, Regulation D offering and the issuer/company has previously filed a Form 99?
Answer: You must file an amended Form 99 with the Department of Law, there is no additional fee if you have paid the maximum registration fee of $1,200. Remember: New York registers issuers/companies not securities. The issuer’s registration is effective for 4 years. However, you must file a Further State Notice with the Department of State (www.dos.ny.gov). Also see Question 53 if you paid the $300 registration fee and now your total offering amount is over $500 thousand. Material changes such as name, address or change of principal should be submitted on the Form 99 as an amendment accompanied by a $30 fee. Please indicate your registration number on all correspondence.
Registration of People:
- Commodity Salesperson
- Commodity Broker/Dealer
- Commodity Inv. Advisor
- Of Offerings:
- Open Management Type Co. NF (PDF) (replaces form M1A)
Exemption Filing General:
- Special Instruction Sheet (359-F)
- Business Entity (RI-1)
- Application for Exemption from Acctg. Requirement (ATS-1)
Designation of Service of Process Agent General:
- Uniform Instruction Sheet (Designation Pro.)
- Form (U-2)
- Rules (Part 12)