# S.C. Code Ann. § 35-1-403: SECTION 35-1-403. Investment adviser registration requirement; exemptions > South Carolina · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-403 ## Section - **Citation:** S.C. Code Ann. § 35-1-403 - **Heading:** SECTION 35-1-403. Investment adviser registration requirement; exemptions - **Jurisdiction:** South Carolina - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** SC Code / Title 35 / Chapter 1 / Article 4 / Section 35-1-403 ## Text (a) It is unlawful for a person to transact business in this State as an investment adviser unless the person is registered under this chapter as an investment adviser or is exempt from registration as an investment adviser under subsection (b). (b) The following persons are exempt from the registration requirement of subsection (a): (1) a person without a place of business in this State that is registered under the securities act of the State in which the person has its principal place of business if its only clients in this State are: (A) federal covered investment advisers, investment advisers registered under this chapter, or broker-dealers registered under this chapter; (B) institutional investors; (C) bona fide preexisting clients whose principal places of residence are not in this State if the investment adviser is registered under the securities act of the State in which the clients maintain principal places of residence; or (D) any other client exempted by rule adopted or order issued under this chapter; (2) a person without a place of business in this State if the person has had, during the preceding twelve months, not more than five clients that are resident in this State in addition to those specified under paragraph (1); or (3) any other person exempted by rule adopted or order issued under this chapter. (c) It is unlawful for an investment adviser, directly or indirectly, to employ or associate with an individual to engage in an activity related to investment advice regarding securities in this State if the registration of the individual is suspended or revoked or the individual is barred from employment or association with an investment adviser, federal covered investment adviser, or broker-dealer by an order under this chapter, the Securities and Exchange Commission, or a self-regulatory organization, unless the investment adviser did not know, and in the exercise of reasonable care could not have known, of the suspension, revocation, or bar. Upon request from the investment adviser and for good cause, the Securities Commissioner, by order, may waive, in whole or in part, the application of the prohibitions of this subsection to the investment adviser. (d) It is unlawful for an investment adviser to employ or associate with an individual required to be registered under this chapter as an investment adviser representative who transacts business in this State on behalf of the investment adviser unless the individual is registered under Section 35-1-404(a) or is exempt from registration under Section 35-1-404(b). ## Nearby sections - [S.C. Code Ann. § 35-1-401 SECTION 35-1-401. Broker-dealer registration requirement; exemptions.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-401.md) - [S.C. Code Ann. § 35-1-402 SECTION 35-1-402. Agent registration requirement and exemptions.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-402.md) - [S.C. Code Ann. § 35-1-403 SECTION 35-1-403. Investment adviser registration requirement; exemptions.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-403.md) - [S.C. Code Ann. § 35-1-404 SECTION 35-1-404. Investment advisor representative registration requirement; exemptions.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-404.md) - [S.C. Code Ann. § 35-1-405 SECTION 35-1-405. Federal covered investment adviser notice filing requirement.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-405.md) - [S.C. Code Ann. § 35-1-406 SECTION 35-1-406. Registration by broker-dealer, agent, investment adviser, and investment adviser representative.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-406.md) - [S.C. Code Ann. § 35-1-407 SECTION 35-1-407. Succession and change in registration of broker-dealer or investment adviser.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-407.md) - [S.C. Code Ann. § 35-1-408 SECTION 35-1-408. Termination of employment or association of agent and investment adviser representative; transfer of employment or association.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-408.md) - [S.C. Code Ann. § 35-1-409 SECTION 35-1-409. Withdrawal of registration of broker-dealer, agent, investment adviser, and investment adviser representative.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-409.md) - [S.C. Code Ann. § 35-1-410 SECTION 35-1-410. Examination and filing fee requirements.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-410.md) - [S.C. Code Ann. § 35-1-411 SECTION 35-1-411. Postregistration requirements.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-411.md) - [S.C. Code Ann. § 35-1-412 SECTION 35-1-412. Denial, revocation, suspension, withdrawal, restriction, condition, or limitation of registration.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-412.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SC_T35_C1_A4_S35-1-403. Check the current official text before relying on it. Not legal advice.