State Registration Archives - Page 3 of 4

Form ADV

Posted on March 22, 2021April 14, 2021 by admin

Form ADV is the uniform form used by investment advisers that manage at least $25 million in assets to register with both the SEC and state securities authorities. The Form ADV is divided into 3 parts. Part 1 is a fill-in-the blank form that contains information about the investment advisory business and how it operates. Part 2 is a brochure in narrative form that include plain English disclosures of the adviser’s business practices, fees, conflicts of interest, and disciplinary information. The last part is Part 3, which contains the relationship summary, which investment advisers are required to deliver to retail investors that discloses certain information about the firm.

State Exemptions from Investment Adviser Registration

Posted on March 12, 2021March 12, 2021 by admin

For an investment adviser to qualify for an exemption from state registration, they have to either meet an exemption under the Investment Act of 1940, be a federal covered adviser, or be registered with the SEC. The Dodd-Frank Act has created 3 thresholds for investment advisers based of their assets under management (“AUM”) as well as some more general exclusions, all of which provide advisers the ability to register with the SEC.

Federal Exemptions from Investment Advisor Registration

Posted on March 5, 2021March 19, 2021 by admin

Previously on the MasterCompliance blog, we covered When Do You Have to Register as an Investment Advisor and Exclusions from the Definition Investment Advisor. This Blog will discuss when a person does meet the definition of an investment advisor under the Investment Act of 1940, but is exempt from registration.

Exclusions from the Definition Investment Advisor

Exclusions from the Definition of Investment Advisor

Posted on February 26, 2021March 19, 2021 by admin

Previously we covered Investment Advisor Registration in our blog When Do You Have to Register as an Investment Adviser?, discussing what the Investment Advisors Act of 1940 defines as an investment advisor and what triggers the registration requirements. In this blog, we will focus on the exclusions from the definition of investment advisor at the federal and state level.

When Do You Have to Register as an Investment Adviser?

Posted on February 19, 2021March 23, 2021 by admin

The Investment Advisers Act of 1940 defines an investment adviser as any person who, for compensation, engages in the business of advising others as too the value of securities or the advisability of investing in securities or, as part of regular business, issues analyses or reports concerning securities. So when do you have to register as an investment adviser? Any person who is considered an investment adviser will be subject to the Investment Adviser Act of 1940 and be required to register with either the SEC or the States. A person would be considered an investment adviser if they engaged in these three activities:

Provides investment advice, reports, or analysis with respect to securities;
Is in the business of providing advice or analysis; and
Receives compensation, directly or indirectly, for these services.

Successor Rules for Registered Investment Advisers

Posted on February 17, 2021March 23, 2021 by admin

The Successor Rules for registered investment advisers in the Securities Exchange Act of 1934 allows for the legitimate transfer business between two or more entities. Succession can occur when one entity acquires substantially all of the assets and liabilities of an existing RIA, and is able to rely on a predecessor’s registration as an investment adviser with the SEC. In a guidance update, the SEC defines the instances where succession is applicable: A change of the state or territory in which a business is organized and/or a change in its form of organization; A change in control or a change Read more about Successor Rules for Registered Investment Advisers[…]