Browse Analysis of Managed and Structured Products

17.6.1 Registration Requirements For Mutual Fund Industry

Comprehensive guide detailing the registration requirements, qualifications, and processes for mutual fund managers, distributors, and sales representatives in Canada.

Registration Requirements For The Mutual Fund Industry

Mutual fund managers, distributors, and sales representatives must be registered with the securities administrators in all provinces in which they operate. The relevant securities commissions insist that they be informed within five business days of any important change in personal circumstances, such as a change of address or a bankruptcy.

Education Qualifications

Mutual fund sales representatives must have successfully passed a mutual fund course such as:

  • The Canadian Securities Institute’s Canadian Securities Course
  • The Investment Funds in Canada course
  • Or another qualifying education program

Registration Requirements

An application for registration must be filed electronically with the National Registration Database (NRD) using Form NRD 33-109F4, along with the appropriate fee. Provincial securities acts set the initial and continuing registration requirements. In Quebec, the representative must register with the Autorité des marchés financiers (AMF).

To work as a mutual fund sales representative, one must also meet the following requirements:

  • Employment: Generally, you must be employed by the distribution company.
  • Dual Employment: You are not permitted to carry on other forms of employment without the prior approval of the appropriate securities administrators and any industry associations of which your firm is a member. However, many provinces permit persons to be dually registered as mutual fund representatives and life agents.
  • Background Check: You must complete a detailed report about your past businesses, employment, and conduct, and submit it for a police review.

Detailed Report Essentials

The report must include the following information:

  • Any companies with which you have been associated in certain capacities.
  • Any action against you regarding any government license to deal in securities.
  • Any action against you regarding any government license to deal with the public in any other capacity requiring registration.
  • Any disciplinary action regarding an approval by any securities commission or similar professional body.
  • Any past criminal convictions or current charges or indictments.
  • Any bankruptcies or proposals to creditors.
  • Any civil judgments or garnishments.

Notice of Changes

As a mutual fund representative, you must notify the provincial securities administrator within five business days (or 10 days in Quebec) of any of the following changes in your provincial application:

  • Change of address.
  • Disciplinary action of a professional body.
  • Personal bankruptcy (Ontario and Quebec).
  • Criminal charges or civil judgments.

Transfer of Registration

As soon as a mutual fund sales representative ceases to work for a registered dealer, registration is automatically suspended. The employer must notify the provincial securities administrator of the termination of employment and, in most provinces, the reason for termination.

Before a representative’s registration can be reinstated, notice in writing must be received by the securities administrator from another registered dealer stating the employment of the representative by that other dealer. The reinstatement of the registration must be approved by the securities administrator.

If the securities administrator does not receive a request for reinstatement and transfer to a new company within the permitted period, the registration lapses and the representative must reapply for registration. The permitted period is 30 days in most provinces and six months in Quebec.

Key Takeaways

  • Compliance: Ensuring compliance with registration requirements is critical for mutual fund managers, distributors, and sales representatives.
  • Continuous Updates: It is important to promptly update the securities administrators about significant changes in personal or professional status.
  • Reinstatement: Quick action is required for the transfer of registration to prevent reapplication hassles.

Frequently Asked Questions (FAQs)

What are the key educational qualifications required to become a mutual fund sales representative?

The primary qualifications include passing a mutual fund course such as:

  • The Canadian Securities Institute’s Canadian Securities Course.
  • The Investment Funds in Canada course.
  • Another qualifying education program approved by securities regulators.

How soon must I report a change of address?

Changes of address must be reported within five business days (or 10 days if in Quebec).

Can I work another job while being registered as a mutual fund sales representative?

Generally, other forms of employment are not permitted without prior approval from the appropriate securities administrators and any relevant industry associations. However, dual registration as a mutual fund representative and life agent is allowed in many provinces.

What happens if my employment with a registered dealer ends?

The registration is automatically suspended. The termination must be reported to the provincial securities administrator, and a new registration must be applied for if a new employer is found within the allowed period, or the registration lapses.

Glossary

  • Mutual Fund: A type of investment vehicle consisting of a portfolio of stocks, bonds, or other securities.
  • National Registration Database (NRD): An online registration database used by dealers, underwriters, and advisers.
  • Autorité des marchés financiers (AMF): The body mandated by the government of Quebec that regulates financial markets.

Charts

Process of Registration and Notification of Changes

    flowchart TD
	    A[Registration Application
	e.g., Form NRD 33-109F4] -->|Submit with Fee| B(Securities Administrator)
	    B --> C(Background Check & Further Evaluation)
	    C -->|Approved| D(Employment Begins)
	    D --> E(Maintain Compliance)
	    E --> F(Update Any Changes in Status[lapse period]
	-Address
	-Disciplinary action)

Process of Registration Transfer

    flowchart LR
	    X[Termination of Employment] -->|Notify Administrator| Y[Registration Suspended]
	    Y --> Z{Transfer Requested
	Written Notice 
	from New Employer}
	    Z -->|Approved| A1[Activity Resumes]
	    Z -->|Not Received
	within Permitted Period| B1[Reapply for Registration]

This structured guide aims to help candidates moDirectresources relevantlyilate to pass the Canadian Securities Course certification exam efficiently.


📚✨ Quiz Time! ✨📚

## What is the first step required for mutual fund managers, distributors, and sales representatives to operate within a province? - [ ] Securing a business license - [ ] Becoming members of a securities commission - [x] Registering with the securities administrators in all provinces they operate - [ ] Completing a specific training course > **Explanation:** Mutual fund managers, distributors, and sales representatives must be registered with the securities administrators in all provinces in which they operate. ## How soon must the provincial securities administrator be informed of any important change in personal circumstances, such as a change of address or a bankruptcy? - [ ] Within ten business days - [x] Within five business days (or 10 days in Quebec) - [ ] Within 30 business days - [ ] Immediately > **Explanation:** The commissions insist that they be informed within five business days (or 10 days in Quebec) of any important change in personal circumstances. ## Which educational qualifications are required for mutual fund sales representatives? - [ ] Bachelor’s degree in finance - [x] Successful completion of a mutual funds course - [ ] Certification in chartered financial analysis - [ ] Diploma in economics > **Explanation:** Mutual fund sales representatives must have successfully passed a mutual funds course such as the Canadian Securities Course, the Investment Funds in Canada course, or another qualifying education program. ## What form is required to be filed electronically with the National Registration Database for mutual fund sales representatives? - [ ] Form 33-102B - [x] Form NRD 33-109F4 - [ ] Form 45-106F4 - [ ] Form 54-101F4 > **Explanation:** An application for registration must be filed electronically with the National Registration Database (Form NRD 33-109F4) with the appropriate fee. ## Which additional employment requirement must mutual fund sales representatives meet? - [x] They must generally be employed by the distribution company - [ ] They must work for the provincial securities administrator - [ ] They must work for a government agency - [ ] They must operate independently > **Explanation:** To work as a mutual fund sales representative, you must generally be employed by the distribution company. ## What must mutual fund sales representatives submit to a police review as part of the registration process? - [ ] Copies of their educational certificates - [x] A detailed report about their past businesses, employment, and conduct - [ ] A training course syllabus - [ ] A list of current clients > **Explanation:** The report must include detailed information about their past businesses, employment, and conduct. ## How long do mutual fund sales representatives have to notify securities administrators of a change in address? - [ ] Within 30 days - [ ] Immediately - [ ] Within 5 months - [x] Within 5 business days (or 10 in Quebec) > **Explanation:** As a mutual fund representative, you must notify the provincial securities administrator within five business days (or 10 days in Quebec) of any change in address. ## What happens to the registration of a mutual fund sales representative when they cease to work for a registered dealer? - [ ] It remains active until they find new employment - [x] Registration is automatically suspended - [ ] It is transferred to another provincial entity - [ ] It remains active permanently > **Explanation:** When a mutual fund sales representative ceases to work for a registered dealer, registration is automatically suspended. ## What must happen for a mutual fund sales representative’s registration to be reinstated? - [x] The request must be received in writing by the securities administrator from another registered dealer - [ ] They must complete a new registration form - [ ] They must pay a reinstatement fee - [ ] They must notify the police department > **Explanation:** Notice in writing must be received by the securities administrator from another registered dealer for the representative’s registration to be reinstated. ## For how long can a mutual fund sales representative be without employment before the registration lapses in most provinces? - [ ] 60 days - [ ] One year - [x] 30 days - [ ] Six months > **Explanation:** If the securities administrator does not receive a request for reinstatement and transfer to a new company within 30 days in most provinces, the registration lapses, and the representative must reapply.
Tuesday, July 30, 2024