Registered Investment Advisors (Lesson 2) Flashcards
Advisor has assets < $100 M they must register with
The State
Advisor has assets > $110 M they must register with
The SEC
Advisor has assets between 100M and 110M they must register with
The choice of State or SEC
An investment adviser is defined for purposes of the Investment Advisors Act of 1940 as someone who is
- In the business
- of providing advice about securities
- for compensation
For an advisor to register with the SEC they must
file from ADV
To withdraw registration with the SEC an advisor must file form
ADV-W
Form ADV Part 1 contains
- Investment business, ownership, clients, employees, business practices, affiliations, and disciplinary events of the advisor or its employees
- RIA must E-File ADV part 1 and Schedule I annually within 90 days of their fiscal year end
Form ADV Part 2 Contains
- Advisor compensation, fees, education, investment objectives, conflicts of interest, and the background of advisory personnel
- Must be written in plain English
- Changes may be made annually unless material changes
Form ADV Part 3 contains
- Information from the Customer Relationship Summary
- Provides information about the relationship and services the firm offers including fees, costs, specified conflicts of interest, standard of conduct, and disciplinary history among other things
Exceptions to registration with the SEC (TABLES are incidental)
All the below is solely incidental to their profession:
- Teachers
- Accountants
- Brokers
- Lawyers
- Engineers
- Banks and bank holding companies that are not investment companies Publisher
Exemptions from Registration (VIPs are SaFE from Exemptions
- Venture capital
- Insurance Companies
- Private funds less than $150 million
- Home State
- Foreign advisors
- Securities not on a national Exchange
Advisers to Private Funds will have to provide
- Basic organizational and operational information about each fund they manage
- General information about the size and ownership of the fund
- General fund data - advisers services to the fund
- Identification of five categories of gate keepers that perform critical roles for advisers and the private funds they manage (Auditors, Prime Brokers, Custodians, Administrators, Marketers)
The Brochure Rule requires written disclosure to every client of the following
- services and fees for services
- types of securities
- education background of advisor
- Participation/interest in securities transactions
- Must be given before or at the time of entering into a contract
When should the brochure rule information be provided to client
- Before or at the time of entering into a contract (ADV Part 2 A and B)
- Provided annually
How does a person register with FINRA
Form U-4