2021-03-19
Added · Updated
AE Wealth Management, LLC agrees to pay a $4,875 settlement to the State of Connecticut, comprising a $4,500 administrative fine and $375 for past registration fees, to resolve violations of the Connecticut Uniform Securities Act. The settlement addresses the firm's engagement of an unregistered investment adviser agent who conducted business in Connecticut between January 2017 and August 2020. AE Wealth Management, LLC consents to the terms without admitting or denying the allegations and waives its right to judicial review. The agreement prohibits the firm from engaging in future conduct that violates the Act or its regulations.
IN THE MATTER OF: * STIPULATION AND AGREEMENT * AE WEALTH MANAGEMENT, LLC *
WHEREAS, the Banking Commissioner (“Commissioner”) is charged with the administration of Chapter 672a of the General Statutes of Connecticut, the Connecticut Uniform Securities Act (“Act”) and Sections 36b-31-2 to 36b-31-33, inclusive, of the Regulations of Connecticut State Agencies (“Regulations”) promulgated under the Act; WHEREAS, AE Wealth Management, LLC (“AE Wealth”), located at 2950 SW McClure Road, Topeka, Kansas 66614, has been an investment adviser registered with the Securities and Exchange Commission (SEC NO. 801-107319) from February 17, 2016 to the present, and has filed the notice required by Section 36b-6(e) of the Act since March 30, 2017; WHEREAS, the Commissioner, through the Securities and Business Investments Division (“Division”) of the Department of Banking, conducted an investigation of AE Wealth pursuant to Section 36b-26 of the Act to determine whether AE Wealth had violated, was violating or was about to violate any provision of the Act or any regulation or order under the Act (“Investigation”); WHEREAS, in connection with the Investigation, Division staff ascertained that from approximately January 2017 through approximately August 2020, AE Wealth engaged an unregistered
2 - investment adviser agent (the “Agent”) in contravention of Section 36b-6(c)(3) of the Act. Specifically, the Division ascertained that although the Agent resided in Massachusetts and worked primarily out of Massachusetts, the Agent did conduct advisory business out of an office in Connecticut without being registered as an investment adviser agent under the Act; WHEREAS, soon after Division staff notified AE Wealth of this issue, the Agent became registered as an investment adviser agent of AE Wealth under the Act, and AE Wealth has been cooperative throughout all communications with the Division; WHEREAS, Section 36b-6(c)(3) of the Act provides, in part, that “[n]o investment adviser shall engage an investment adviser agent unless such investment adviser agent is registered under . . . [the Act]”; WHEREAS, the Commissioner believes that a violation of Section 36b-6(c)(3) of the Act would support the initiation of administrative proceedings against AE Wealth pursuant to Section 36b-15 and Section 36b-27 of the Act; WHEREAS, an administrative proceeding initiated under Section 36b-15 and Section 36b-27 of the Act would constitute a “contested case” within the meaning of Section 4-166(4) of the General Statutes of Connecticut; WHEREAS, Section 4-177(c) of the General Statutes of Connecticut and Section 36a-1-55(a) of the Regulations provide that a contested case may be resolved by stipulation or agreed settlement, unless precluded by law; WHEREAS, AE Wealth desires to settle the matters described herein and voluntarily enters into this Stipulation and Agreement; WHEREAS, the Commissioner and AE Wealth acknowledge that this Stipulation and Agreement is in lieu of any court action or administrative proceeding against AE Wealth, its members, officers, employees, agents or representatives adjudicating any issue of fact or law on the matters described herein and is being made to settle only the matters described herein;
3 - WHEREAS, without admitting or denying the allegations contained herein, AE Wealth expressly consents to the Commissioner’s jurisdiction under the Act and to the terms of this Stipulation and Agreement; WHEREAS, AE Wealth, through its execution of this Stipulation and Agreement, voluntarily waives any rights AE Wealth may have to seek judicial review or otherwise challenge or contest the terms and conditions of this Stipulation and Agreement; AND WHEREAS, AE Wealth specifically assures the Commissioner that the violation alleged in this Stipulation and Agreement shall not occur in the future. NOW THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
AE Wealth Management, LLC By: /s/________ Christopher Radford President
Date: 03/15/2021