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STATE OF
OFFICE OF SECURITIES
121 STATE HOUSE STATION
________________________________
)
IN THE MATTER OF: )
)
Fuller, Jones & Stivers, LLP )
Judith A. Fuller ) CONSENT AGREEMENT
Rendle A. Jones )
) No. 05-065-CAG
_______________________________ )
This Agreement is entered into by the
State of Maine Office of Securities (the “Office"), Fuller, Jones & Stivers,
LLP (“FJS”), an investment adviser with a principal place of business at 179 Knowlton’s
WHEREAS,
the parties agree as follows:
1.
Pursuant to 32 M.R.S.A. § 10303(1),
a person may not act in
2.
Pursuant to 32 M.R.S.A. § 10303(3),
it is unlawful for an investment adviser licensed or required to be licensed under
the Act to employ or contract with an individual as a representative of the investment
adviser in Maine unless the individual is licensed;
3.
The Office has reviewed the licensing
records of FJS and of Fuller and Jones and, while FJS is and has been a licensed
investment adviser, the Office has found that Fuller and Jones have never held
an investment adviser representative license in
4.
It is the Office’s position that Fuller
and Jones have acted as investment adviser representatives in Maine without being
licensed or exempt from licensing;
5.
Fuller and Jones have represented to the
Office that the failure to obtain investment adviser representative licenses was
inadvertent; and
6.
All parties desire an expeditious resolution
of this matter.
NOW, THEREFORE, without trial or adjudication of any issue of fact or law, and without
FJS, Fuller or Jones admitting or denying that their conduct violated the Act,
it is agreed that:
1. FJS, Fuller and Jones will comply with all licensing
and other legal requirements governing persons acting as investment advisers and
investment adviser representatives in the State of Maine at all times from the
date hereof;
2. In lieu of the Office seeking the imposition
of a penalty for the allegations contained herein, FJS, Fuller and Jones will
pay the sum of $3,000.00 to the Office upon their execution of this Agreement;
and
3. The Office will not take further action against
FJS, Fuller and Jones based solely upon the unlicensed status of the two individual
respondents during the period preceding and including the date of execution of
this Agreement.
Fuller, Jones & Stivers LLP
By:
5/13/05 /s/
Judith A. Fuller
Date
Judith A. Fuller
Its: Managing Partner
5/13/05 /s/
Judith A. Fuller
Date
Judith A. Fuller
5/16/05 /s/
Rendle A. Jones
Date
Rendle A. Jones
5/17/05 /s/
Christine A. Bruenn
Date
Christine A. Bruenn
Securities Administrator
Reviewed by:
5/17/05 /s/
Michael W. Atleson
Date
Michael W. Atleson
Staff Attorney
Submitted by:
5/17/05 /s/
Christian D. Van Dyck
Date
Christian D. Van Dyck
Investigator/Examiner