New Jersey § 49:3-58
Full text of New Jersey New Jersey Statutes § 49:3-58, with citation guidance and answers to common questions.
§ 49:3-58.
(a) The bureau chief may by order deny, suspend, or revoke any registration if he
finds: (1) that the order is in the public interest; and (2) that the applicant or registrant or, in the case of a broker-dealer , investment adviser, or Internet site operator, any partner, officer, or director, any person occupying a similar status or performing
similar functions, or any person directly or indirectly controlling the broker-dealer , investment adviser , or Internet site operator : (i) has filed an application for registration which as of its effective date, or as
of any date after filing in the case of an order denying effectiveness, was incomplete
in any material respect or contained any statement which was, in the light of the
circumstances under which it was made, false or misleading with respect to any material
fact; (ii) has willfully violated or willfully failed to comply with any provision of this
act or any rule or order authorized by this act or has willfully, materially aided
others in such conduct; (iii) has been convicted of any crime involving a security or any aspect of the securities,
commodities, banking, insurance or investment advisory business or any crime involving
moral turpitude; however, where the applicant can show by proof satisfactory to the
bureau chief that during the 10-year period preceding the application he has conducted
himself in such a manner as to warrant his registration consistent with all other
provisions of this act, the conviction shall not be a bar to registration; (iv) is permanently or temporarily enjoined by any court of competent jurisdiction
from engaging in or continuing any conduct or practice involving any aspect of the
securities, commodities, banking, insurance or investment advisory business; (v) is the subject of an effective order of the bureau chief denying, suspending,
or revoking registration as a broker-dealer, agent, investment adviser, investment
adviser representative , securities offering registrant , or Internet site operator ; (vi) is the subject of an order entered within the past five years by any federal
or state securities, commodities, banking, insurance or investment advisory administrator
or self-regulatory organization denying or revoking a securities, commodities, banking,
insurance or investment advisory license or registration under federal or state securities,
commodities, banking, insurance or investment advisory law, including, but not limited
to registration as a broker-dealer, agent, investment adviser, investment adviser
representative or issuer, or the substantial equivalent of those terms as defined
in this act, or is the subject of an order of the Securities and Exchange Commission,
a self-regulatory organization, the Commodity Futures Trading Commission, an insurance
regulator, or a federal or state banking regulator, suspending or expelling him from
a national securities or commodities exchange or national securities or commodities
association registered under the “Securities Exchange Act of 1934,” 1 or the “Commodity Exchange Act,” or from engaging in the banking or insurance business,
or is the subject of a United States Post Office fraud order; but (A) the bureau
chief may not institute a revocation or suspension proceeding under this subparagraph
(vi) more than two years from the date of the order relied on and (B) he may not enter
an order under this subparagraph (vi) on the basis of an order under another state
act unless that order was based on facts which would currently constitute a ground
for an order under New Jersey law; (vii) has engaged in dishonest or unethical practices in the securities, commodities,
banking, insurance or investment advisory business, as may be defined by rule of the
bureau chief; (viii) is insolvent, either in the sense that his liabilities exceed his assets or
in the sense that he cannot meet his obligations as they mature; but the bureau chief
may not enter an order against a broker-dealer or investment adviser for insolvency
without a finding of insolvency as to the broker-dealer or investment adviser; (ix) is not qualified on the basis of such factors as character, training, experience
and knowledge of the securities business, except as otherwise provided in subsection
(b) of this section; (x) has failed to pass an examination under subsection (f) of section 10 of P.L.1967,
c. 93 ( C.49:3-57 ) if such an examination has been by rule provided for by the bureau chief; (xi) has failed reasonably to supervise: his agents if he is a broker-dealer or issuer;
the agents of a broker dealer or issuer for whom he has supervisory responsibility;
or his employees who give investment advice if he is an investment adviser; (xii) has failed to pay the proper fees, as set by rule of the bureau chief. (b) The following provisions govern the application of subparagraph (ix) of paragraph
(2) of subsection (a) of this section: (1) The bureau chief may not enter an order against a broker-dealer on the basis of
the lack of qualification of any person other than (i) the broker-dealer himself if
he is an individual or (ii) an agent of the broker-dealer; (2) The bureau chief may not enter an order against an investment adviser on the basis
of the lack of qualification of any person other than (i) the investment adviser himself
if he is an individual or (ii) any other person who represents the investment adviser
in doing any of the acts which make him an investment adviser; (3) The bureau chief may not enter an order solely on the basis of lack of experience
if the applicant or registrant is qualified by training or knowledge or both; (4) The bureau chief shall consider that an agent who will work under the supervision
of a registered broker-dealer need not have the same qualifications as a broker-dealer; (5) The bureau chief shall consider that an investment adviser is not necessarily
qualified solely on the basis of experience as a broker-dealer or agent. If he finds that an applicant for initial or renewal registration as a broker-dealer
is not qualified as an investment adviser, he may by order condition the applicant's
registration as a broker-dealer upon his not transacting business in this State as
an investment adviser. (c) The bureau chief, for good cause shown, may by order summarily postpone, suspend,
revoke or deny any registration pending final determination of any proceeding under
this section. Upon entry of the order, the bureau chief shall promptly notify the applicant or
registrant, as well as the employer or prospective employer if the applicant or registrant
is an agent or an investment adviser representative, that the order has been entered
and of the reasons therefor. (1) The bureau chief shall entertain on no less than three days' notice a written
application to lift the summary postponement, suspension or revocation on written
application of the applicant or registrant and in connection therewith may, but need
not, hold a hearing and hear testimony, but shall provide to the applicant or registrant
a written statement of the reasons for the summary postponement, suspension or revocation. (2) Upon service of notice of the order issued by the bureau chief, the applicant
or registrant shall have up to 15 days to respond to the bureau in the form of a written
answer and written request for a hearing. The bureau chief shall, within five days of receiving the answer and a request for
a hearing, either transmit the matter to the Office of Administrative Law for a hearing
or schedule a hearing at the Bureau of Securities. Orders issued pursuant to this subsection to suspend or revoke any registration
shall be subject to an application to vacate upon 10 days' notice, and a preliminary
hearing on the order to suspend or revoke any registration shall be held in any event
within 20 days after it is requested, and the filing of a motion to vacate the order
shall toll the time for filing an answer and written request for a hearing. (3) If an applicant or registrant fails to respond by filing a written answer and
request for a hearing with the bureau or moving to vacate an order to suspend or revoke
any registration within the 15-day prescribed period, the registrant shall have waived
the opportunity to be heard and the order shall remain in effect until modified or
vacated. (d) If the bureau chief finds that any registrant or applicant for registration is
no longer in existence or has ceased to do business as a broker-dealer, agent, investment
adviser , investment adviser representative, or Internet site operator, or is subject to an adjudication of incapacity or to the control of a committee,
conservator, or guardian, or cannot be located after reasonable search, the bureau
chief may by order summarily revoke or deny the registration or application; (e) Withdrawal from registration as a broker-dealer, agent, investment adviser , investment adviser representative , or Internet site operator becomes effective 30 days after receipt of an application to withdraw or within such
other period of time as the bureau chief may determine by rule or order. The bureau chief may nevertheless institute a revocation or suspension proceeding
under subparagraph (ii) of paragraph (2) of subsection (a) of this section within
two years after withdrawal becomes effective and enter a revocation or suspension
order as of the last date on which registration was effective; (f) (Deleted by amendment, P.L.1997, c. 276 ). (g) Every hearing which this act requires to be held shall be held in accordance with
the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). 1
15 U.S.C.A. § 77b et seq.
Frequently Asked Questions About New Jersey § 49:3-58
What does New Jersey Statutes § 49:3-58 cover?
Section 49:3-58 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 49:3-58?
A common citation format is "New Jersey Statutes § 49:3-58" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 49:3-58 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.