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FIDELITY INTERNATIONAL SECURITIES, (CRD Number 36485) * * * * * * * * * * * * * * * * * * * * * * |
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ORDER VACATING File No. CL-2713-S |
PRELIMINARY STATEMENT
WHEREAS the Banking Commissioner (the "Commissioner") is charged with the administration of Chapter 672a of the Connecticut General Statutes, the Connecticut Uniform Securities Act (the "Act") and Sections 36b-31-2 et seq. of the Regulations of Connecticut State Agencies (the "Regulations") promulgated under the Act;
WHEREAS Fidelity International Securities, Inc. d/b/a Constitution Capital Corp. ("Constitution Capital") is a broker-dealer and a Securities and Exchange Commission registered investment adviser located at 830 Post Road East, Westport, Connecticut;
WHEREAS on February 27, 1995, the Commissioner, acting pursuant to Section 36b-15(a)(2)(F)(iii) of the Act, entered a Consent Order Conditioning Registration as a Broker-dealer and Investment Adviser (the "Consent Order") (File No. CL-2713-S) with respect to Constitution Capital which was then seeking registration as a broker-dealer and as an investment adviser under the Act;
WHEREAS the Consent Order was based upon a New York Stock Exchange suspension (Docket number 93-170) involving Louis Francis Albanese (CRD number 703647), then secretary/treasurer and a director of Constitution Capital;
WHEREAS Louis Francis Albanese is no longer associated with Constitution Capital in any capacity;
WHEREAS the Consent Order, the terms of which are incorporated by reference herein, declared that Constitution Capital's registration as a broker-dealer and as an investment adviser would be made effective subject to certain conditions and restrictions contained in paragraphs 1 through 8, inclusive, of the Consent Order;
WHEREAS the conditions and restrictions contained in paragraphs 1, 2, 3 and 4 of the Consent Order have expired by their terms, with paragraphs 5 through 8 reflecting ongoing obligations;
WHEREAS following passage of the National Securities Markets Improvement Act of 1996, Constitution Capital's investment advisory activities became subject to exclusive SEC oversight, with the firm no longer maintaining its Connecticut investment adviser registration;
WHEREAS on July 21, 2003, the department received from Constitution Capital's legal counsel correspondence dated July 18, 2003 petitioning the Commissioner for relief from the conditions and restrictions of the Consent Order currently in effect;
WHEREAS Section 36b-31(a) of the Act provides, in part, that: "The Commissioner may from time to time make, amend and rescind such ... orders as are necessary to carry out the provisions of Sections 36b-2 to 36b-33, inclusive [of the Act]";
WHEREAS Section 36b-31(b) of the Act states, in part, that: "No ... order may be made, amended or rescinded unless the commissioner finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent with the purposes fairly intended by the policy and provisions of ... [the Act]";
WHEREAS the Commissioner finds that the issuance of this Order is appropriate, in the public interest and consistent with the purposes fairly intended by the policy and provisions of the Act;
ORDER
THE COMMISSIONER HEREBY ORDERS THAT:
(1) | The Consent Order conditions and restrictions in effect on the date of this Order (i.e. those contained in paragraphs (5) through (8) of the Consent Order) are hereby VACATED as of the date of this Order; and |
(2) | This Order shall become final when issued. |
________/s/_________
So Ordered at Hartford, Connecticut John P. Burke
this 6th day of August 2003. Banking Commissioner