Section 35-1-702. Fees; portion of recovery in civil and administrative enforcement actions retained by Attorney General.

SC Code § 35-1-702 (2019) (N/A)
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(a) Every applicant applying for registration as a broker-dealer, broker-dealer agent, investment adviser, or investment adviser representative and every person filing a securities registration statement or a notice filing for a federal covered security or a federal covered investment adviser shall pay the below specified fees and meet other requirements established by statute or otherwise set pursuant to this chapter. When an application is denied or withdrawn, the filing fee must not be refunded. The following fees are in effect for the filings designated until the Securities Commissioner promulgates a rule or order establishing different fees:

(1) For all initial and renewal notice filings of federal covered securities as defined in Section 18(b)(2) of the Securities Act of 1933: Five hundred forty-six dollars

(2) For all documents filed with respect to a federal covered security under Section 18(b)(3) or (4): Twenty-five dollars

(3) For all initial and subsequent notice filings of federal covered securities under Section 18(b)(4)(D) of the Securities Act of 1933 and all filings pursuant to Regulation D of the Securities Act of 1933: Three hundred dollars

(4) For all registration statements pursuant to this chapter: Five hundred dollars

(5) For all post-effective amendments to increase the number of securities to be offered or sold pursuant to a current registration statement: Five hundred dollars

(6) Broker-Dealer (initial filing fee): Three hundred ten dollars

(7) Broker-Dealer (renewal filing fee): Three hundred ten dollars

(8) Broker-Dealer Agent (initial filing fee): One hundred ten dollars

(9) Broker-Dealer Agent (renewal or change of registration filing fee): One hundred ten dollars

(10) Investment Advisers (initial filing fee): Two hundred ten dollars

(11) Investment Advisers (renewal filing fee): Two hundred ten dollars

(12) Investment Adviser Representatives (initial filing fee): Fifty-five dollars

(13) Investment Adviser Representatives (renewal or change of registration filing fee): Fifty-five dollars

(14) Federal Covered Investment Advisers (initial fee): Two hundred ten dollars

(15) Federal Covered Investment Advisers (renewal filing fee): Two hundred ten dollars.

(b) The Attorney General may retain the first one million five hundred thousand dollars from fee revenues collected pursuant to this chapter to be used for the operations of the Securities Division. The Attorney General may transfer to the South Carolina Law Enforcement Division two hundred thousand dollars after retaining the first one million five hundred thousand dollars collected pursuant to this chapter to be retained, expended, and carried forward for the provision of investigators for the State Grand Jury. The funds transferred to the State Law Enforcement Division must be used only for purposes of the State Grand Jury, and may not be transferred to another program or used for another purpose.

(c) The Attorney General may retain the first seven hundred fifty thousand dollars received by the Division of Securities in a fiscal year in settlement of litigation enforcement action and reimbursements of expenses arising from violations under this chapter to offset investigative, prosecutorial, and administrative costs of enforcing this chapter.

HISTORY: 2005 Act No. 110, Section 1, eff January 1, 2006; 2006 Act No. 331, Section 2, eff upon approval (became law without the Governor's signature on June 7, 2006).

Effect of Amendment

The 2006 amendment, in subparagraph (a)(9), substituted "One hundred ten" for "One hundred" dollars.