Section 10-5-34. Registration requirements for federal covered investment advisers

   (a) Except with respect to a federal covered investment adviser described in subsection (b) of this Code section, it is unlawful for a federal covered investment adviser to transact business in this state as a federal covered investment adviser unless the federal covered investment adviser complies with subsection (c) of this Code section.

(b) The following federal covered investment advisers are not required to comply with subsection (c) of this Code section:

   (1) A federal covered investment adviser without a place of business in this state if its only clients in this state are:

      (A) Federal covered investment advisers, investment advisers registered under this chapter, and broker-dealers registered under this chapter;

      (B) Institutional investors;

      (C) Bona fide preexisting clients whose principal places of residence are not in this state; or

      (D) Other clients specified by rule adopted or order issued under this chapter;

   (2) A federal covered investment adviser without a place of business in this state if the person has had, during the preceding 12 months, not more than five clients that are resident in this state in addition to those specified under paragraph (1) of this subsection; and

   (3) Any other person excluded by rule adopted or order issued under this chapter.

(c) A person acting as a federal covered investment adviser, not excluded under subsection (b) of this Code section, shall file a notice, a consent to service of process complying with Code Section 10-5-80 and such records as have been filed with the Securities and Exchange Commission under the Investment Advisers Act of 1940, 15 U.S.C. Section 80b-1, et seq., required by rule adopted or order issued under this chapter and pay the fees specified in subsection (e) of Code Section 10-5-39.

(d) The notice under subsection (c) of this Code section becomes effective upon its filing.

Code 1981, § 10-5-34, enacted by Ga. L. 2008, p. 381, § 1/SB 358.