FAQs - Broker-Dealer/Investment Advisor Registration
1. Are financial planners or investment advisors required to register
in Virginia?
2. Is a solicitor required to register as an investment advisor?
3. Does Virginia have a deminimus limit on unregistered activity by investment
advisors?
4. Can I be registered as an investment advisor representative with two
registered investment advisor firms at the same time?
5. Is a sole proprietor investment advisor firm required to register the
firm and him or herself as a representative of the firm?
6. Does the Commonwealth of Virginia sponsor individuals to take investment
advisor or broker-dealer agent examinations?
7. Does the Commonwealth of Virginia allow investment advisor representatives
to substitute professional designations for the Series 65, Series 66, and Series
7 examinations?
8. Do I have to retake the Series 66 and Series 7 or Series 65 examinations
over as an investment advisor representative if the examination result is over 2
years old and I have been out of business for more than 2 years?
1. Are financial planners or investment advisors required
to register in Virginia?
A. Virginia law requires that, with some exceptions, any person who is engaged in
the business of, and compensated for, advising others as to the value of securities
or the advisability of investing in, purchasing, or selling securities, must register
with us.
2. Is a solicitor required to register as an investment
advisor?
A. Yes. If the firm solicits, offers or negotiates for the sale of or sells investment
advisory services, then the firm is required to register.
3. Does Virginia have a deminimus limit on unregistered
activity by investment advisors?
A. Yes. The deminimus is the same as prescribed at the federal level, it allows
an investment advisor who does not maintain a place of business in Virginia, to
have five (5) Virginia clients prior to the requirement of registration.
The rule site is 21 VAC 5-80-210 B.
4. Can I be registered as an investment advisor representative
with two registered investment advisor firms at the same time?
A. Generally, no. A registered investment advisor representative may be registered
in Virginia with only one registered investment advisor firm at any time.
5. Is a sole proprietor investment advisor firm required
to register the firm and him or herself as a representative of the firm?
A. Yes. Virginia requires investment representative registration for all investment
firms regardless of the form of organization, so both the firm and representative
must register separately.
6. Does the Commonwealth of Virginia sponsor individuals
to take investment advisor or broker-dealer agent examinations?
A. No. An individual does not need sponsorship to take the Series 63, Series 65,
or Series 66 examinations. All other examinations are regulated by the FINRA or
some other self-regulatory authority.
7. Does the Commonwealth of Virginia allow investment advisor
representatives to substitute professional designations for the Series 65, Series
66, and Series 7 examinations?
A. Yes. The investment advisor representative must hold currently and in good standing
one of the following professional designations. The designations are CFP (Certified
Financial Planner), ChFC (Chartered Financial Consultant), PFS (Personal Financial
Specialist), CFA (Chartered Financial Analyst), and CIC (Chartered Investment Counselor).
8. Do I have to retake the series 66 and 7 or 65 examinations
over as an investment advisor representative if the examination result is over 2
years old and I have been out of business for more than 2 years?
A. Yes. If you have not been registered as an investment advisor representative
in Virginia or in another state in the last 2 years (from the date of the application)
and have no professional designation, you must take either the Series 65 or the
Series 66 and Series 7 and receive a passing score.