Non-punitive actions
Not all actions taken by the state administrator against the registration status of certain persons are punishments. Two important registration actions are non-punitive:
- Withdrawals
- Cancellations
Withdrawals
A withdrawal is a request submitted by a registered person who wants to voluntarily end their registration.
- Broker-dealers and investment advisers typically file withdrawal forms when they shut down the business or stop offering securities-related services.
- Agents and investment adviser representatives (IARs) typically file withdrawal forms when they retire, resign, or are terminated.
These are the forms used to withdraw registration:
| Form | Use |
|---|---|
| Form BDW | Broker-dealer withdrawal form |
| Form ADV-W | Investment adviser registration withdrawal form |
| Form U5 | Agent & IAR registration termination form |
Cancellation
A cancellation happens when the registered person can’t voluntarily submit the appropriate withdrawal form, so the state administrator cancels the registration.
The most common reasons include:
- Death
- Mental incapacitation
In these situations, the administrator proactively updates the person’s registration status.
Cancellation can also occur when the administrator can’t contact the registered person. For example, the administrator might send a letter that is returned because the person no longer lives at the address on file. Because a change of address normally requires prompt disclosure, the administrator may cancel the person’s registration until the issue is resolved.
Even after a person’s registration has been withdrawn or canceled, the administrator retains jurisdiction over that person for one year. The Uniform Securities Act (USA) states:
The administrator may institute a revocation or suspension proceeding… within one year after the withdrawal became effective.
This matters because withdrawals and cancellations are non-punitive. Even though the registration is no longer active, the administrator can still bring a suspension or revocation action during that one-year window. A suspension or revocation can make it harder to re-register in the future and would appear on the person’s permanent public record.