COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. STATE OF WISCONSIN DEPARTMENT OF FINANCIAL INSTITUTIONS : Calendar No. DIVISION OF SECURITIES : Mail Completed Application to: 345 W. SUBPOENA JUDICIAL Washington Ave. Plaintiff(s) th -against- : : : 4 Floor (53703) P.O. Box 1768 Madison, WI 53701-1768 (608) 266-3693 TTY: (608) 266-8818 Internet: www.wdfi.org Defendant(s) : ...................................................... Wisconsin Investment Adviser Licensing/Notice Filing Procedure An THE PEOPLE OFwho has less than $25 million of assets under management will be regulated only by the states investment adviser THE STATE OF NEW YORK and not registered with the SEC, unless it is an adviser to investment companies or qualifies for some other exemption or exclusion. All such investment advisers must be licensed with this Division to provide advisory services to TO Wisconsin clients unless the adviser does not have a place of business in this state and during the preceding twelve month period, has had fewer than 6 clients who are residents of this state. Investment adviser representatives may also need to be licensed. GO TO THE LICENSING INSTRUCTION SECTION. GREETINGS: Those advisers who have over $25 million in assets under management or who are advisers to investment companies, are regulated only by the U.S. Securities & Exchange Commission and will not be licensed as investment advisers by WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before the Division. Such advisers must still make a notice filing with the Division and may need to license certain , the Honorable at the investment adviser representatives. GO TO THE NOTICE FILING SECTION. Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as aACTIVITIES action on the part of the witness in this FIDUCIARY If the applicant intends to act as a fiduciary pursuant to secs. 220.04(7) and 223.105, Wis. Stats., (definitions below) applicant mu st contact the Division of Banking at (608) 261-9555 or P.O. Box 7876, Madison, Wisconsin 53707-7876 Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to for further information on other requirements. the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result“'Organization' means any corporation, association, partnership or business trust, other than a national of your failure to comply. bank, federal savings and loan association or federal credit union or other than a corporation, association partnership, all of whose shareholders or members are licensed under SCR 40.01.” Witness, Honorable , one of the Justices of the Court in County, day of , 20 “'Trustee' means a person holding in trust, title to, or holding in trust a power over property.” “'Fiduciary' operation means any action taken by an organization acting as a trustee or in any fiduciary (Attorney must sign in this state.” capacity requiring appointment or issuance of letters by a court or probate registrarabove and type name below) Attorney(s) for Office and P.O. Address This document can be made available in alternate formats upon request to qualifying individuals with disabilities. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DFI/DOS/IAP(R08/02) 1 of 5 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. LICENSING INSTRUCTION SECTION No. : Calendar : JUDICIAL SUBPOENA Plaintiff(s) SUMMARY OF WISCONSIN INVESTMENT -against: ADVISER LICENSING REQUIREMENTS Initial applications for state licensing of investment advisers in Wisconsin is : accomplished with a three-stage filing. : First set up an account with the electronic investment adviser filing system called the Investment Adviser Registration Depository (“IARD”). The forms and instructions to do so can be found at www.iard.com. Defendant(s) 2. Once an account is established with the IARD, a copy of the firm’s current Form ADV Part I and all amendments : ...................................................... are filed directly with IARD. The $400 filing fee will be deducted from your IARD account. You are required under §551.32(1)(bm), Wis. Stats., to include the federal tax identification number used for the adviser on Form ADV. Refusal to provide this information may result in denial of the license. Personally identifiable information on this form may be matched with tax information, outstanding child and family support data and law THE PEOPLE OF THE STATE OF NEW YORK enforcement agencies. 3. FORM U-4 must be filed electronically with the Central Registration Depository (“CRD”), an adjunct of the TO IARD, for the supervisor and for each employee who will be soliciting clients or rendering investment advice for the applicant. Each investment adviser representative for the applicant must successfully complete the Series 65 or a combination of the Series 7 and 66 examinations unless evidence is presented allowing waiver of the examination, pursuant to s. DFI-Sec 5.01(4), Wis. Adm. Code. The filing fee of $30 will be deducted from your GREETINGS: application. Sole proprietors do not need to file Form U4 for themselves. account for each 4. The following documents must be filed directly with this Division (no application will be considered complete without these additional documents):that all business and excuses being laid aside, you and each of you attend before WE COMMAND YOU, a. A legible copy of the firm’s current Form ADVat the including all amendments as well as any Part II, , the Honorable Court supplemental brochures. located at County of b. QUESTIONNAIRE. noon, and at any recessed A blank form in room A completed WISCONSIN INVESTMENT ADVISORY,ACTIVITY o'clock in the , on the day of , 20 at is enclosed. testify and give evidence as a witness in this action on the part of the or adjourned date, to c. A copy of the firm’s INVESTMENT ADVISORY CONTRACT(S) complying with all provisions of s. DFI-sec 5.05(2), Wis. Adm. Code. The contract must include the fee to be charged by the adviser, the formula for computing the advisory fee, the formula for computing the amount of prepaid fee to be returned in theto comply with this subpoena is punishable as and whether the court and will make you liable to Your failure event of contract termination or nonperformance, a contempt of contract grants discretionary power to the adviser. was contractfor a maximum penalty of $50of the all damages sustained as a the party on whose behalf this subpoena The issued must include that no assignment and contract may be made without the consent of the customer and provide a 5-day withdrawal privilege if the disclosure result of your failure to comply. document is not provided 48 hours in advance of signing the contract. d. A DESIGNATION OF SUPERVISOR form indicating the name of the person located at the firm’s home Witness, Honorable , one of the Justices of office or designated office who will be the supervisor of the investment adviser representatives and the Wisconsin business of the applicant. This Division must be notified IN WRITING of any change in the Court in County, day of , 20 designated supervisor as required by section DFI-Sec 5.05(7), Wis. Adm. Code. e. A signed UNDERSTANDING OF SUPERVISORY RESPONSIBILITIES form acknowledging the establishment and continued implementation of supervisory procedures to detect and prevent (Attorney must sign A blank type is violations of Wisconsin Uniform Securities Law and the Administrative Code. above andform name below) enclosed. f. If the applicant has its principal office located in Wisconsin, it will be subject to the net capital requirements of s. DFI-sec 5.02, Wis. Adm. Code. Applicants who will collect advisory fees of $500 or Attorney(s) for more, six months or more in advance or have custody of customer funds and securities must submit a copy of the applicant’s most recent FINANCIAL STATEMENT (including supplementary schedules, if any) or in the case of a sole proprietor, evidence that a sufficient amount of personal capital to satisfy the net capital requirement has been segregated. A completed FINANCIAL CERTIFICATION form must be signed by an officer of the applicant (or in the case of a sole proprietor, signed by the Office and P.O. Address applicant). A blank form is enclosed. If the applicant has its principal office located in a state other than Wisconsin, the applicant must supply a statement that it is in compliance with the net capital requirement of its principal state. Telephone list must include the address, g. A list of branch offices the applicant intends to have in Wisconsin. The No.: area code and telephone number, number of representatives,Facsimile No.: and the name of the ondate of opening, E-Mail Address: site manager of each location. 1. Mobile Tel. No.: DFI/DOS/IAP(R08/02) 2 of 5 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : h. Index No. Attach a check made payable to the Department of Financial Institutions, in the amount of $30 to cover the filing fee for each branch office located in Wisconsin as prescribed by §551.52(2), Wis. Stats. : Calendar No. : JUDICIAL SUBPOENA INVESTMENT ADVISER REPRESENTATIVES Plaintiff(s) MUST BE LICENSED IN WISCONSIN -against: Each employee of an investment advisory firm who, for compensation, will solicit new Wisconsin accounts or render : investment advice to Wisconsin clients, either orally, in writing, or pursuant to discretionary authority, must be licensed as an investment adviser representative for the firm. An individual becomes licensed by submitting the : Uniform Application for Securities Industry Registration or Transfer, Form U-4, along with the appropriate fees (see Page 3, Item 9) electronically via the CRD, and by meeting the examination requirements listed below. Form U-4 and Defendant(s) : the . investment .adviser .representative .filing. . . . . . . not. . . . . . . . for. a .sole proprietor, although the examination . . . . . . . . . . . . . . . . . . . . . . . . . . fee are . . required . . . . . requirements are applicable. SUPERVISORY EMPLOYEE MUST BE DESIGNATED THE PEOPLE OF THE STATE OF LICENSED IN WISCONSIN AND NEW YORK At TO one employee of the applicant, located at the firm’s principal or designated office, must be designated as least responsible for supervising the firm’s activities and records as they relate to Wisconsin accounts. The applicant must submit to this agency the enclosed Designation of Supervisor Form (See Page 2, Item 5). The supervisory employee must be licensed as an Investment Adviser Representative in Wisconsin before an investment adviser GREETINGS: license will be issued to the firm (see Page 2, Item 2). WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before EXAMINATION REQUIREMENTS , the Honorable at the Court located at Each applicant must pass the North American Securities Administrators Association (NASAA) Series 65 Uniform County of Investment Adviser Law, Examination or a combination of the20 in room on the day of , Series 7 at the Series 66 Uniform Combined State Law recessed , and o'clock in the noon, and at any Examination with date, toof at least 70%. These examinations are administered by the NASD and athe or adjourned a score testify and give evidence as a witness in this action on the part of request to take an exam is madeby requesting the exam on the Form U4 application or by separately filing Form U-10 with the NASD. Form U-10 can be obtained by contacting the NASD at (301) 590-6500. The Series 65 examination will with this subpoena is punishable as a contempt of court and will make you liable to Your failure to comply be waived for any applicant who: the party on whose behalf this subpoena was issued for a to pass the NASD’s Series 7 and all damages in A. has passed, or has received a waiver from the need maximum penalty of $50 examination and sustained as a addition has passed or has result of your failure to comply. received a waiver from the need to pass the NASAA Series 63 examination; or B. Witness,licensed as an investment adviser or an investment adviser representative in Justices of the has been Honorable , one of the any jurisdiction in the United States within 2 years prior to the date the application is filed; or Court in County, day of , 20 C. provides proof that the applicant currently holds one of the following professional designations: CFP ChFC PFS CFA CIC (Attorney must sign above and type ___________________________________________________________________ name below) NET CAPITAL REQUIREMENT Attorney(s) for Pursuant to s. DFI-Sec 5.02, Wis. Adm. Code, every investment adviser whose principal office is located in Wisconsin and that collects advisory fees of $500 or more, six months or more in advance shall maintain a positive net worth at all times, which must be in the form of cash, securities or other liquid assets. An adviser who has custody of client funds or securities shall maintain a minimum net worth of $35,000. If the investment adviser is an individual, the capital used to meet the net worth requirement must be Office and from Address segregated P.O. the individual’s personal assets and used solely for the business for wh ich the adviser is licensed. Each investment adviser applicant who is required to maintain a minimum net capital must maintain a record to substantiate continuous compliance with the net capital requirement. New applicants must provide financial information as outlined in Item 7 on Page 2. Telephone No.: An investment adviser whose principal office is located in a state Facsimile No.: other than Wisconsin must demonstrate E-Mail Address: compliance with the net capital requirement of its home state. Mobile Tel. No.: DFI/DOS/IAP(R08/02) 3 of 5 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : REVIEW BY STAFF Index No. : Calendar No. : JUDICIAL SUBPOENA After an application is received by this Division, it will be reviewed and you will be notified in writing of any Plaintiff(s) deficiencies within 30 days. -against- : Depending upon the information filed in the application and at the discretion of the staff, additional information may : be requested. : LAW AND RULES AVAILABLE Defendant(s) : Copies .of .the Wisconsin . . . . . . . Securities .Law . . . .Rules. of. the.Division .will be provided to you after your initial . . . . . . . . . . . . . . Uniform . . . . . . . . . . and . . . . . . . . . . . . filing. Additional copies are available from this Division at a cost of $8 per set. The statutes and rules are also available via our Investment Adviser Guide on the Department of Financial Institutions website (see below). THE PEOPLE OF THE STATE OF INVESTMENT ADVISER GUIDE ONLINE NEW YORK The Division has provided an Investment Adviser Guide with detailed information about applying for a license and TO the regulation of state investment advisers in Wisconsin. This interactive guide includes access to all necessary forms in .pdf format for downloading as well as links to statute and rule citations relating to investment advisers. Most of your questions will likely be answered by using the Guide. GREETINGS: GoWE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before to: www.wdfi.org/fi/securities/licensing/iaguide/default.htm the Honorable at the Court If, after consulting the Guide, you still have any additional questions concerning Wisconsin investment adviser located at County of licensing requirements, feel free to call (608) 266-2139. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to NOTICE FILING SECTION the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. FEDERAL COVERED ADVISER NOTICE FILING REQUIREMENT Witness, Honorable Court in County, day of , one of the Justices of the , 20 An investment adviser that is only required to be registered with the US Securities & Exchange Commission, here after referred to as a federal covered advis er, is still required to make an annual notice filing with the Division if the adviser conducts business with clients who are residents of Wisconsin, unless during the previous twelve month period, the adviser had no place of business in Wisconsin and had fewer (Attorney must sign above and The notice filing than 6 clients in this state. type name below) consists of filing an electronic copy of the adviser’s Form ADV Part I and all amendments with the Web IARD along with the filing fee of $200. Attorney(s) for INVESTMENT ADVISER REPRESENTATIVES LOCATED IN WISCONSIN MUST BE LICENSED Any person who acts as an investment adviser representative, as that term is defined by the Investment Advisers Office and P.O. Address Act of 1940 and associated rules, for a federal covered adviser required to make a notice filing with the Division and who has a place of business in Wisconsin must be licensed as an investment adviser representative. An individual becomes licensed by submitting the FORM U electronically via the CRD, along with the appropriate fees as -4 outlined in Item 4 below and by meeting the examination requirements listed below. No.: U-4 and the investment Telephone Form adviser representative filing fee are not required for a sole proprietor, although the examination requirements are Facsimile No.: applicable. E-Mail Address: Mobile Tel. No.: DFI/DOS/IAP(R08/02) 4 of 5 American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : BRANCH OFFICES IN WISCONSIN : Index No. Calendar No. A federal covered adviser who maintains a place of business in Wisconsin as defined in the Investment Advisers : JUDICIAL SUBPOENA Act of 1940 and associated rules must file a notice listing the address, area code and telephone number, number of Plaintiff(s) representatives, date of opening, and the name of the on-site manager of each location along with the filing fee of $30 -against: per location. : SUMMARY OF WISCONSIN INVESTMENT ADVISER NOTICE FILING REQUIREMENTS : All federal covered advisers making a notice filing with the Division must: Defendant(s) : ...................................................... 1. 2. File with the IARD an electronic copy of the firm’s current Form ADV Part I reflecting all amendments. File with the CRD a completed FORM U-4 for each investment adviser representative with a place of business in Wisconsin. Each investment adviser representative applicant must successfully complete THE PEOPLE OF THE STATE OF NEW YORK of the Series 7 and 66 examinations unless evidence is the Series 65 examination or a combination presented allowing waiver of the examination, pursuant to s. DFI-Sec 5.01(4), Wis. Adm. Code. 3. File directly with this Division a listing of each office located in Wisconsin, if any, at which the federal TO covered adviser will regularly conduct advisory business with clients. The listing shall contain the address, telephone number, number of representatives at that location, date of opening, and the name of the on-site supervisory contact. 4. Attach a check made payable to the Department of Financial Institutions, in an amount sufficient to GREETINGS: cover the $30 filing fee for each branch office located in Wisconsin, as prescribed by §551.52(2), Wis. Stats. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DFI/DOS/IAP(R08/02) 5 of 5 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. STATE OF WISCONSIN : §551.32(1)(b), Wis. Stats. and 5.01(2), Wis. Adm. Code DEPARTMENT OF FINANCIAL INSTITUTIONS DIVISION OF SECURITIES : Plaintiff(s) -against- : : Index No. Calendar No. th 345 West Washington Ave., 4 Fl. PO Box 1768 JUDICIAL SUBPOENA Madison, WI 53701-1768 (608) 266-3693 TTY: (608) 266-8818 Internet: www.wdfi.org : WISCONSIN INVESTMENT ADVISORY ACTIVITY OF APPLICANT : Pursuant to §551.31(3), Wis. Stats., it is unlawful for any person to transact business in Wisconsin as an investment adviser unless so licensed or licensed as a broker-dealer whose activities in Wisconsin include investment advisory Defendant(s) : services. under .§551, Wis.. Stats.,. except that . . . . . . . . . not.required under. any the following circumstances: . . . . . . . . . . . . . . . . . . . . . . . . . . licensing is . . . . . . . . . . . . . 1. The person effects transactions or provides investment advice in this state exclusively for the account of persons specified in s. 551.23(8), Wis. Stats. 2. The personTHEno place of business YORK THE PEOPLE OF has STATE OF NEW in Wisconsin and in the last twelve months has had fewer than 6 clients in Wisconsin. 3. The person is now, or was at the time of the transactions in question, a federal covered adviser and not TO subject to state licensing requirements. The fact that a person may have transacted business as an investment adviser in Wisconsin in violation of §551.31(3), Wis. Stats., does not mean that a person’s Wisconsin license application will automatically be denied. GREETINGS: As part of the Wisconsin Investment Adviser License Application, the applicant must respond as to whether or not the applicant WE COMMAND YOU, that all business and excuses being laid aside, you and each of youTo has engaged in investment advisory business in Wisconsin without being properly licensed. attend before , the Honorable at the Court facilitate your response, please complete the questionnaire below and return the completed form to this Division. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed ❒ NO, this to testify and now transacting a witness in this action investment advisory or adjourned date, applicant is notgive evidence as and has never transacted on the part of the business in Wisconsin. ❒ YES, this applicant has transacted investment advisory business in Wisconsin prior to this application. (Do not include services performed subpoena is punishable the a contempt of registered as a federal you liable to Your failure to comply with this during any period when as applicant was court and will make the party covered adviser andthis subject to state regulation.) a maximum penalty of $50 and all damages sustained as a on whose behalf not subpoena was issued for result of your failure to comply. If yes, list all transactions effected in Wisconsin: Witness, Honorable Name & Address Date of Court in County, of Customer Transaction Description of day of Transaction Date of Client ,Agreement 20 , of Nameone of the Justices of the Total Advisory IA Rep Fees Charged ____________________________________________________________________________________________ (Attorney must sign above and type name below) ____________________________________________________________________________________________ ____________________________________________________________________________________________ (Attach additional pages if space provided is insufficient.) Attorney(s) for ____________________________________________________________________________________________ Name of Applicant _________________________________________________________ Office and P.O. Address ______________________________ Firm’s Authorized Signatory Date ____________________________________________________________________________________________ Telephone No.: Typed Name and Title of Signatory Facsimile No.: This document can be made available in alternate formats upon request to qualifying E-Mail Address: individuals with disabilities. Mobile Tel. No.: DFI/DOS/IAAA(WI)(R09/00) American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. STATE OF WISCONSIN : §551.32(1)(b), Wis. Stats. and 5.01(2), Wis. Adm. Code Index No. DEPARTMENT OF FINANCIAL INSTITUTIONS DIVISION OF SECURITIES : Calendar No. th Plaintiff(s) -against- : : : 345 West Washington Ave., 4 Fl. PO Box 1768 JUDICIAL SUBPOENA Madison, WI 53701-1768 (608) 266-3693 TTY: (608) 266-8818 Internet: www.wdfi.org INVESTMENT ADVISER DESIGNATION OF SUPERVISOR : Pursuant to s. DFI-Sec 5.07(7), Wis. Adm. Code, every licensed investment adviser shall employ at its principal Defendant(s) office or designated office of supervision in accordance with s. DFI-Sec :5.03(1), Wis. Adm. Code, at least one ...................................................... person designated in writing to the administrator to act in a supervisory capacity who is licensed as an investment adviser representative in this state and has satisfied the examination requirement in s. DFI-Sec 5.01(5). FIRM INFORMATION THE PEOPLE OF THE STATE OF NEW YORK FIRM’S NAME: ______________________________________________________________________________ TO FIRM’S ADDRESS ___________________________________________________________________________ ___________________________________________________________________________ GREETINGS: DESIGNATED SUPERVISOR INFORMATION WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before If the firm wishes to designate more than one supervisor, submit one form for each supervisor designated. the Honorable at the Court , located at County of NAME OF DESIGNATED SUPERVISOR: _________________________________________________________ in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, DESIGNATEDgive evidence as a witness in this action on the part of the to testify and SUPERVISOR: HOME ADDRESS OF ____________________________________________ ____________________________________________ Your failure EMPLOYMENT: ADDRESS OF OFFICE OFto comply with this subpoena is punishable as a contempt of court and will make you liable to ___________________________________________________ thebe Principal or Designatedthis subpoena was issued for a maximum penalty of $50 and all damages sustained as a party on whose behalf Office) (Must result of your failure to comply. ___________________________________________________ DATE QUALIFIED/PENDING IN WISCONSIN: __________________________________________ Witness, Honorable , one of the Justices of the Court in County, day of , 20 THIS FORM IS TO BE SIGNED BY ANY OFFICER OF THE FIRM (Attorney must sign above and type name below) ___________________________________________________________________________________ TYPED NAME AND TITLE OF SIGNATORY _________________________________________________ SIGNATURE ______________________________ Attorney(s) for DATE This Division is to be notified within 10 days of any change in designated supervisor. Failure to do so will be cause for a delinquent filing fee of $100 pursuant to s. DFI-Sec 7.01(7)(g), Wis. Adm. Code. (Please refer to s. DFI Office and P.O. Address 5.04(4), Wis. Adm. Code.) This document can be made available in alternate formats upon request to qualifying Telephone No.: individuals with disabilities. Facsimile No.: E-Mail Address: Mobile Tel. No.: DFI/DOS/IADS(WI)(R09/00) American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. STATE OF WISCONSIN : §551.32(1)(b), Wis. Stats. and 5.01(2), Wis. Adm. Code Index No. DEPARTMENT OF FINANCIAL INSTITUTIONS DIVISION OF SECURITIES : Calendar No. Plaintiff(s) -against- : th 345 JUDICIAL SUBPOENA West Washington Ave., 4 Fl. PO Box 1768 : Madison, WI 53701-1768 (608) 266-3693 : TTY: (608) 266-8818 Internet: www.wdfi.org : Defendant(s) FINANCIAL CERTIFICATION : ...................................................... Pursuant to s. DFI-Sec 5.02, Wis. Adm. Code, every investment adviser whose principal office is located in Wisconsin and that collects advisory fees of $500 or more, six months or more in advance shall maintain a positive net THE PEOPLE OF THE STATE OF NEW YORKcustody of client funds or securities, a $35,000 net capital worth at all times. If the investment adviser will have must be maintained. This shall be in the form of cash, securities or other liquid assets. If the investment adviser is TO an individual, the capital used to meet the net capital requirement must be segregated from the individual’s personal assets and used solely for the business for which the adviser is licensed. GREETINGS: FIRM’S NAME: _____________________________________________________________________________ WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before _________________________________________________________________________ , at the Court located at County of _________________________________________________________________________ in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the FIRM’S ADDRESS: the Honorable I, the undersigned, do hereby certify that the above mentioned firm has and will continue to maintain at all times, the net capital sufficient to meet the requirement in s. DFI-Sec 5.02, Wis. Adm. Code. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoenastatements arefor a to the best ofpenalty ofand knowledge. I further certify that the accompanying financial was issued true maximum my belief $50 and all damages sustained as a result of your failure to comply. Witness, Honorable , one of the Justices of the ___________________________________________________________________________________________ Court in day of , 20 Typed Name and Title of anCounty,of the Company Officer _________________________________________________________ (Attorney must sign above and type name below) _______________________________ Signature Date Attorney(s) for This document can be made available in alternate formats upon request to qualifying individuals with disabilities. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DFI/DOS/IAFC(WI)(R09/00) American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. STATE OF WISCONSIN : §551.32(1)(b), Wis. Stats. and 5.01(2), Wis. Adm. Code Index No. DEPARTMENT OF FINANCIAL INSTITUTIONS DIVISION OF SECURITIES : Calendar No. Plaintiff(s) -against- : : : th 345 West Washington Ave., 4 Fl. JUDICIAL SUBPOENA PO Box 1768 Madison, WI 53701-1768 (608) 266-3693 TTY: (608) 266-8818 Internet: www.wdfi.org : INVESTMENT ADVISER UNDERSTANDING OF SUPERVISORY Defendant(s) : . RESPONSIBILITIES. REGARDING. WISCONSIN .UNIFORM SECURITIES LAW .................... ............. ............. .... AND ADMINISTRATIVE CODE The applicant understands that pursuant to s. DFI-Sec 5.05(1), Wis. Adm. Code, it shall establish and keep current a set THE PEOPLE OF THE STATE OF NEW YORK of written supervisory procedures and a system for applying such procedures, which may be reasonably expected to prevent and detect any violations of §551, Wis. Stats., and rules and orders under this chapter. The procedures shall include the designation, by name or title, of a number of supervisory employees reasonable in relation to the TO number of licensed representatives, offices, and transactions in this state. A complete set of the procedures and system for applying them shall be kept and maintained at the principal or designated office and every Wisconsin branch office. The applicant’s procedures must be structured to ensure compliance with all requirements of Wisconsin Law that are applicable to the type of business transacted by the applicant. The following are some (but GREETINGS: not all) of the sections of Wisconsin Law that must be addressed in the applicant’s procedures. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 1. §551.44, Wis. Stats. It is unlawful for any person who receives any consideration from another person for , the Honorable at the Court advising the other person as to the value of securities or their purchase or sale, whether through the issuance of County of reports or otherwise, inlocated at to employ any device, scheme or artifice to defraud the other analyses or this state, in room or engage in on the practice or course of business whichat , any act, day of , 20 , operates or would in the as a noon, or deceit recessed o'clock operate person; fraud and at any or adjourned date, to testify and give evidence as a witness in this action on the part of the upon the other person. 2. §551.31(3), Wis. Stats. It is unlawful for any person to transact business in this state as an investment adviser unless so licensed or unless licensed as a broker-dealer under this chapter, except that licensing is not required Your failure circumstances: under any the followingto comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of a. The person comply.transactions or provides investment advice in this state exclusively for the your failure to effects account of persons specified in §551.23(8)(a) thru (f), Wis. Stats. Witness, Honorable , one of the Justices of the The person has no place of business in Wisconsin and in the last twelve months has had fewer than Court in day of , 20 6 clients inCounty, Wisconsin. b. c. The person is a federal covered adviser and not subject to state licensing requirements. (Attorney must sign above and type name below) Representatives must be licensed pursuant to §551.32(4), Wis. Stats. and s. DFI-Sec 5.01(3), Wis. Adm. Code. 3. S. DFI-Sec 5.05(5), Wis. Adm. Code. No licensed investment adviser whose principal office is located in Wisconsin may enter into, extend or renew any investment advisory contract with for Attorney(s) a customer in this state unless the contract is in writing and a copy of the contract is given to the customer within 20 days after the execution of the contract. 4. S. DFI-Sec 5.05(8), Wis. Adm. Code. Each investment adviser shall provide to each of its customers a written brochure or other document meeting the requirements of rule 204-3 Officethe Investment Adviser Act of 1940 under and P.O. Address relating to its business and activities. 5. S. DFI-Sec 5.06(1), Wis. Adm. Code. Exercising any discretionary power in placing an order for the purchase Telephone No.: or sale of securities for the account of a customer without first obtaining written discretionary authority from the Facsimile No.: customer unless and discretionary power relates solely to the price at which, or the time when, an order involving a definite amount of a specified security shall be executed, E-Mail Address: or both. Mobile Tel. No.: DFI/DOS/IAUSR(WI)(R09/00) 1 of 2 American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. 6. S. DFI-Sec 5.06(3), Wis. Adm. Code. Inducing trading in a customer’s account that is excessive in size or : Index No. §551.32(1)(b), Wis. Stats. and 5.01(2), Wis. Adm. Code frequency in view of the financial resources and character of the account. : 7. Calendar No. S. DFI-Sec 5.06(4), Wis. Adm. Code. Recommending to a customer the purchase, sale or exchange of any security without reasonable grounds to believe that the recommendation: is suitable for the customer on the basis JUDICIAL SUBPOENA Plaintiff(s) of information furnished by the customer after reasonable inquiry concerning the customer’s investment objectives, financial situation-against- and any other information known by the investment adviser. and needs, : 8. S. DFI-Sec 5.06(5), Wis. Adm. Code. Placing an order to purchase or sell a security for the account of a : customer without the authority to do so (when discretionary power is not granted, in writing, by the investment advisory client). : 9. S. DFI-Sec 5.06(6), Wis. Adm. Code. Borrowing money or securities from, or lending money or securities to, a Defendant(s) : . customer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....... 10. S. DFI-Sec 5.06(8), Wis. Adm. Code. Placing an order for the purchase or sale of a security if the security is not registered or the security or transaction is not exempt from registration under ch. 551, Wis. Stats. THE PEOPLE OF THE STATE OF NEW YORK 11. S. DFI-Sec 5.06(9), Wis. Adm. Code. Placing an order to purchase or sell a security for a customer through a broker-dealer or agent not licensed under ch. 551, Wis. Stats., unless the customer is a person referenced in TO §551.2(8)(a) thru (f), Wis. Stats. 12. S. DFI-Sec 5.06(10), Wis. Adm. Code. Recommending to a customer that the customer engage the services of a broker-dealer, agent, or investment adviser not licensed under ch. 551, Wis. Stats., unless the customer is a person described GREETINGS: in §551.23(8)(a) thru (f), Wis. Stats. or unless the investment adviser is a federal covered adviser or is exempt from the licensing requirement in Wisconsin. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Failure to maintain an adequate supervisory system may result in formal action against the firm. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or undersigned, do certify that I have read and understand the supervisory on the part of the forth above, adjourned date, to testify and give evidence as a witness in this action responsibilities set I, the and that the firm and its licensed representatives will take the necessary steps to ensure compliance with the above-referenced sections and the remainder of the Wisconsin Uniform Securities Law and Administrative Code. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Name of Firm: ________________________________________________________________________ Witness, Honorable , one of the Justices of the ____________________________________________________________________________________ Court in County, day of , 20 Typed Name and Title of an Officer Other Than The Supervisor _________________________________________________ Signature ________________________________ Date (Attorney must sign above and type name below) ___________________________________________________________________________________ Typed Name and Title of Designated Wisconsin Supervisor Attorney(s) for ________________________________________________ Signature ________________________________ Date Office and P.O. Address This document can be made available in alternate formats upon request to qualifying individuals with disabilities. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: DFI/DOS/IAUSR(WI)(R09/00) 2 of 2 American LegalNet, Inc. www.USCourtForms.com