SEC Archives - Page 5 of 16 - MasterCompliance

Outside Business Activities for RIAs

Posted on April 28, 2021 by admin

Outside Business Activities (“OBAs”) of individuals can create potential conflicts of interests with the registered investment advisers that employ them. Advisors are responsible for providing written notice before they act as an employee, independent contractor, sole proprietor, officer, director or partner of another person; or receive compensation or have the expectation of compensation from any other person as a result of any business activity outside the scope of the relationship with their registered investment adviser.

Additionally, this includes situations where compensation is to be paid or if there is a reasonable expectation of compensation as a result of any business activity outside the scope of the relationship with his or her firm. Passive investments are exempted from this requirement. To ensure all individuals are compliant with OBA requirements, make sure your firm reviews the following.

Minimums for RIAs Policies and Procedures

Posted on April 12, 2021 by admin

All RIAs are required to register either with the SEC or a state securities regulator. In general, RIAs managing less than $100 million of assets register with their home state, while those managing more than $100 million register with the SEC. Both federal covered advisers and state registered advisers have requirements set for policies and procedures. While the requirements set are similar, some state regulations may be slightly different.

Form ADV Part 2A Appendix 1 Items

Posted on April 9, 2021 by admin

A wrap fee program is a program under which any client is charged a specified fee or fees not based directly on transactions in a client’s account for investment advisory services. Any RIA compensated under a wrap fee program does not use the normal brochure or Part 2A of the ADV. Instead, that adviser furnishes clients and prospective clients Part 2A, Appendix 1. Appendix 1 consists of 9 items, 10 for advisers who are registered or are registering with one or more state securities authorities.

Financial Requirements for Registration as an Investment Adviser

Posted on April 7, 2021 by admin

Under the Investment Advisers Act of 1940, no specific financial requirements, such as a minimum net worth, are spelled out. However, there are financial disclosures that must be made to clients under certain conditions. Under the Uniform Securities Act, the Administrator may, by rule or order, establish minimum financial requirements for registration as an investment adviser in the state.

Timely Updating the Brochure

Posted on April 5, 2021April 5, 2021 by admin

Part 2A of the Form ADV requires advisers to create narrative brochures containing information about the advisory firm. Both federal and state registered advisers must prepare and deliver a brochure to their clients. They both also have requirements set by the SEC and NASAA for timely updating their brochure

Part 2A Appendix 1 of Form ADV: Wrap Fee Program Brochure

Posted on April 2, 2021 by admin

Any RIA compensated under a wrap fee program for sponsoring, organizing, or administering the program, or for selecting, or providing advice to clients regarding the selection of, other investment advisers in the program, does not use the normal brochure or Part 2A of the ADV. Instead, that adviser furnishes clients and prospective clients Part 2A, Appendix 1.