(1) Any bond required by this rule shall be
issued by a company qualified to do business in this state in the form
determined by the commissioner and shall be subject to the claims of all
clients of such investment adviser regardless of the client's state of
residence.
(a) every investment
adviser registered or required to be registered under the Act having custody of
or discretionary authority over client funds or securities shall be bonded in
an amount determined by the commissioner based upon the number of clients and
the total assets under management of the investment adviser;
(b) every investment
adviser registered or required to be registered under the Act who has custody
or discretion of client funds or securities who does not meet the minimum net
worth standard in ARM 6.10.140(1) shall be bonded in the amount of the net
worth deficiency rounded up to the nearest $5,000.
(2) An investment
adviser that has its principal place of business in a state other than this
state shall be exempt from the requirements of (1) , provided that the
investment adviser is registered as an investment adviser in the state where it
has its principal place of business and is in compliance with such state's
requirements relating to bonding.