CHAPTER 603. ADMINISTRATIVE FILES

§ 603.011. Filing requirements.

 (a)  Except as set forth in subsection (f), documents and other communications to be filed with the Commission shall be filed in the Harrisburg office of the Commission.

 (b)  If mailed, all documents and communications should be sent registered or certified mail, postage prepaid, return receipt requested.

 (c)  A document or communication, if complete and properly executed in all material respects, will be deemed filed when it is received by the Commission.

 (d)  No notice, statement, form or other document will be accepted for filing; no request for copies of documents will be granted; and no action will be taken by the Commission unless the filings and request are accompanied by the required fees or charges as provided by the act and this section.

 (e)  Except as set forth in subsection (f), checks for payment of fees and charges shall be made payable to the order of ‘‘Commonwealth of Pennsylvania’’ and delivered or mailed to: Secretary, Pennsylvania Securities Commission; 1010 N. Seventh Street, Harrisburg, Pennsylvania 17102-1410.

 (f)  The Uniform Application for Broker-Dealer Registration (Form BD), the Uniform Request for Withdrawal from Registration as a Broker-Dealer (Form BDW), or successor forms, and amendments thereto required to be filed with the Commission by a member firm of the National Association of Securities Dealers, Inc. (NASD) with respect to an initial registration, renewal, amendment or withdrawal from registration as a broker-dealer shall be made solely with the Central Registration Depository (CRD) maintained by the NASD under an agreement and guidelines established by the North American Securities Administrators Association, Inc. and shall be mailed to: NASAA/NASD Central Registration Depository; Post Office Box 9401, Gaithersburg, Maryland 20898-9401. Documents and other communications required to be filed with the Securities Commission by a member firm of the NASD with respect to the initial registration, renewal, transfer or withdrawal from registration as an agent shall be made solely with the CRD at this address. Checks for payment of fees required by sections 602(d) and 602.1(a) of the act (70 P. S. § §  1-602(d) and 1-602.1(a)) for the filing of a document described in this subsection shall be made payable to the order of ‘‘National Association of Securities Dealers, Inc.’’ and mailed with the documents to the address listed in this subsection. Filings made with the CRD under this subsection will be deemed as filed with the Commission.

 (g)  In connection with notice filings relating to a Federally-covered security under section 211 of the act (70 P. S. §  1-211), notice forms may be filed electronically with the Commission as permitted by order of the Commission. In conjunction with an electronic filing, fees or assessments required under sections 602 or 602.1 of the act (70 P. S. § §  1-602 and 1-602.1) shall be paid by means of an Automated Clearing House transfer of funds to the Commission’s depository bank.

 (h)  Required forms will be available on the Commission’s website at www. psc.state.pa.us. In addition, forms are available in paper format from the Commission.

   The provisions of this §  603.011 issued under the Pennsylvania Securities Act of 1972 (70 P. S. § §  1-101—1-704); amended under sections 202(g) and (i), 203(d), (i.1), (j) and (n)—(t), 204(a), 205, 206, 207(g), (j.1) and (n), 209(b), 211(a) and (b), 301, 303, 504, 513, 603(a), 606(d) and 609 of the Pennsylvania Securities Act of 1972 (70 P. S. § §  1-202(g) and (i), 1-203(d), (i.1), (j) and (n)—(t), 1-204(a), 1-205, 1-206, 1-207(g), (j.1) and (n), 1-209(b), 1-211(a) and (b), 1-301, 1-303, 1-504, 1-513, 1-603(a), 1-606(d) and 1-609); and the Takeover Disclosure Law (70 P. S. §  74).

   The provisions of this §  603.011 adopted May 10, 1974, effective May 11, 1974, 4 Pa.B. 916; amended January 3, 1986, effective February 3, 1986, 16 Pa.B. 23; amended January 28, 1994, effective January 29, 1994, 24 Pa.B. 656; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3994; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 18; amended December 8, 2006, effective December 9, 2006, 36 Pa.B. 7456. Immediately preceding text appears at serial pages (317651) to (317652).

 (a)  During the regular business hours of the Commission, members of the public may, upon written request to do so, inspect at the Commission’s Harrisburg Office those documents which are public records. The written request required by this subsection shall set forth the public records to be inspected.

 (b)  The Commission may withhold from public inspection those records which it determines are excluded from the definition of public records in section 1 of the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. §  66.1(2)), known as the Right-to-Know Law.

 (c)  A request for the confidential treatment of information contained in a statement, application, notice or report submitted to the Commission may accompany the statement, application, notice or report and specify the reasons for the request; the material which is the subject of the request should be separated from other parts of the filing. Upon proper showing, the Commission will treat as confidential the material which is the subject of the request.

 (d)  Nothing in this section may be deemed to make available for public inspection books, papers, correspondence, memoranda, agreements or other documents or records contained in an investigative file maintained by the Commission. In addition, no minutes, documents or other memoranda of the Commission or of the staff which deal with or concern the institution, maintenance or termination of an investigation may be available for public inspection.

 (e)  Except as set forth in paragraphs (1) and (2), financial statements required to be filed under § §  303.011, 303.012, 304.021 and 304.022 shall be public.

   (1)  Statements of income required to be filed under § §  303.011 and 304.021 (relating to broker-dealer registration procedures; and broker-dealer required financial reports) and nonrequired statements of income filed under § §  303.011, 303.012, 304.021 and 304.022 shall be confidential if the income statements are bound separately from the accountant’s report, the statement of financial condition and the accompanying notes.

   (2)  Financial statements which are deemed confidential under paragraph (1) shall be available for official use by an official or employe of the government of the United States or a state, by a National Securities Exchange or registered National securities association of which the person filing the financial statements is a member, and by other persons whom the Commission authorizes disclosure of the information as being in the public interest. Nothing in this subsection may be deemed to be in derogation of the rules of a registered National Securities Exchange or registered National securities association which give customers of a member broker or dealer the right, upon request to the member broker or dealer, to obtain information relative to its financial condition.

 (f)  The Commission has determined to treat confidential the following information which will not be available for public inspection under any provision of the act and which the Commission deems excluded from the definition of public records in section 1(2) of the Right-to-Know Law:

   (1)  Social Security number, date of birth and home address of an individual registered or applying for registration as an agent or an investment adviser representative that appears on the uniform application for securities industry registration or transfer (Form U-4) or successor form thereto required to be filed with the Commission under §  303.013 or 303.014 (relating to agent registration procedures; and investment adviser representative registration procedures).

   (2)  The Social Security number, date of birth and home address of an individual registered or applying for registration as an investment adviser or filing a notice as a Federally covered adviser that appears on the uniform application for investment adviser registration (Form ADV) or successor form thereto required to be filed with the Commission or an investment adviser registration depository designated by order of the Commission under §  303.012 or 303.015 (relating to investment adviser registration procedure; and notice filing for Federally covered advisers).

   (3)  The Social Security number, date of birth and home address of an individual who is a principal of a person registered or applying for registration as a broker-dealer or investment adviser or filing a notice as a Federally covered adviser that appears on the uniform application for broker-dealer registration (Form BD) or Form ADV or successor forms thereto. For purposes of this section, the term ‘‘principal’’ has the meaning as set forth in §  303.012(e).

   The provisions of this §  603.031 amended under sections 603(c) and 609(a) of the Pennsylvania Securities Act of 1972 (70 P. S. § §  1-603(c) and 1-609(a)).

   The provisions of this §  603.031 amended June 28, 1985, effective June 29, 1985, 15 Pa.B. 2394; amended January 17, 1992, effective January 18, 1992, 22 Pa.B. 295; amended September 1, 2000, effective September 2, 2000, 30 Pa.B. 4551. Immediately preceding text appears at serial pages (262474) to (262475).

 The following fees will be charged by the Commission and remitted to the General Fund of the Commonwealth:

   (1)  Photocopies of documents on file with the Commission—$.50 per page.

   (2)  Certification of documents on file with the Commission—$5 per certification.

   (3)  Facsimile transmission of copies of documents on file with the Commission—$2 per page.

   The provisions of this §  603.040 issued under sections 603(d) and 609(a) of the Pennsylvania Securities Act of 1972 (70 P. S. § §  1-603(d) and 1-609(a)).

   The provisions of this §  603.040 adopted July 28, 1989, effective July 29, 1989, 19 Pa.B. 3169.