ORDER EXEMPTING HOLDERS OF THE CHARTERED FINANCIAL CONSULTANT DESIGNATION AND THE CHARTERED LIFE UNDERWRITER DESIGNATION FROM THE SERIES 65 EXAMINATION REQUIREMENT FOR INVESTMENT ADVISER AGENTS

WHEREAS the Commissioner of Banking (the "Commissioner") is charged with the administration of Chapter 672a of the Connecticut General Statutes, the Connecticut Uniform Securities Act, as amended by P.A. 00-61, (the "Act") and Sections 36b-31-2 et seq. of the Regulations of Connecticut State Agencies (the "Regulations") promulgated under the Act;

WHEREAS Section 36b-31(a) of the Act provides, in part, that: "The commissioner may from time to time make ... such ... orders as are necessary to carry out the provisions of sections 36b-2 to 36b-33, inclusive, including ... orders governing ... applications ... and defining any terms, whether or not used in said sections, insofar as the definitions are not inconsistent with the provisions of said sections. For the purpose of ... orders, the commissioner may classify securities, persons and matters within his jurisdiction, and prescribe different requirements for different classes";

WHEREAS Section 36b-31(b) of the Act adds that: "In prescribing ... orders the commissioner may cooperate with the securities administrators of the other states ... with a view to effectuating the policy of ... [the Act] to achieve maximum uniformity in the form and content of ... applications ... wherever practicable";

WHEREAS Section 36b-31(b) of the Act also provides that: "No … order may be made ... unless the commissioner finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of sections 36b-2 to 36b-33, inclusive";

WHEREAS the Commissioner finds that the issuance of this order is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of the Act;

WHEREAS Section 36b-15(b)(6) of the Act provides that "the commissioner may by regulation provide for an examination, which may be written or oral or both, to be taken by any class of or all applicants, as well as persons who represent or will represent an investment adviser in doing any of the acts which make him an investment adviser";

WHEREAS pursuant to the authority granted under Section 36b-15(b)(6) of the Act, the Commissioner promulgated Section 36b-31-15e(e) of the Regulations which requires that, effective October 1, 1994, "each applicant for registration as an investment adviser agent ... supply evidence to the commissioner that such applicant has taken and successfully passed the [Series 65] Uniform Investment Adviser Law Examination or such other examination determined by the commissioner to be acceptable in lieu thereof";

WHEREAS the North American Securities Administrators Association, Inc. (NASAA), an association of state and Canadian securities regulators, has been instrumental in developing a modified version of the Series 65 examination designed to test investment advisory competency (the "Modified Series 65 Examination"), which Modified Series 65 Examination was made available on and after January 1, 2000;

WHEREAS by Order originally dated December 2, 1999 and amended and restated on March 28, 2000, the Commissioner deemed the Modified Series 65 examination or the Series 66 examination to be an acceptable substitute in fulfillment of the Section 36b-31-15e(e) examination requirement for new investment adviser agent applicants;

WHEREAS Section 36b-31-31c of the Regulations provides that: "The commissioner may exempt a person ... from a specified provision of ... the regulations upon a finding that such exemption is in the public interest";

WHEREAS the Commissioner finds that granting the related exemptive relief set forth in this Order is in the public interest;

NOW THEREFORE THE COMMISSIONER ORDERS AS FOLLOWS:

1.		Pursuant to Section 36b-31-31c of the Regulations, and effective upon entry of this Order by the Commissioner, the Commissioner may waive the Modified Series 65 examination requirement for individual investment adviser agent applicants who provide written evidence that they hold the designation Chartered Financial Consultant ("ChFC") or Chartered Life Underwriter ("CLU") as awarded by the American College, Bryn Mawr, Pennsylvania, and who are subject to, and in compliance with, continuing education requirements prescribed by the American College and the Society of Financial Service Professionals. Notwithstanding the provisions of this paragraph, the Commissioner may require that the holder of any such designation take the Modified Series 65 examination if taking such examination is necessary in light of the individual's disciplinary history, limited areas of knowledge or expertise and/or failure to fulfill continuing education requirements;
2.		Nothing in this Order shall preclude the Commissioner from imposing such additional conditions on registration as may be necessary in the public interest.
3.		The terms and conditions of this Order shall become effective upon entry of this Order, and shall remain in effect until modified, superseded or vacated by the Commissioner or other lawful authority.

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