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Category Archives: Form ADV

SEC Brings Enforcement Action for Misrepresentations on Form ADV

The U.S. Securities and Exchange Commission (“SEC”) recently issued an Order Instituting Administrative and Cease-and-Desist Proceedings against Calhoun Asset Management, LLC (“Calhoun”) and its principal for, among other things, making false and misleading statements on Calhoun’s Form ADV. According to the Order, the firm’s principal allegedly grossly misstated Calhoun’s assets under management on the firm’s [...]

Understanding the Revisions Made to Form ADV Part 1 for Investment Advisers

Earlier this year, the U.S. Securities and Exchange Commission (“SEC”) adopted rule changes under the Investment Advisers Act of 1940 in order to implement Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act.  One of the more significant rule changes impacts all registered investment advisers as it centers on revisions to the [...]

2011 Review – Are You Aware of the Regulatory Changes Made in 2011?

For registered investment advisors, 2011 gave way to many changes as various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) became effective. Understanding the changes made over this past year may help to confirm that your investment advisor is in compliance with the recent regulatory changes. Below is a brief [...]

Kansas Securities Commissioner Issues Guidance Regarding SEC’s New Switch Rule for Mid-Size Investment Advisers

On July 5, 2011, the Kansas Securities Commissioner issued a letter to investment advisers registered with the U.S. Securities and Exchange Commission (“SEC”) that are also notice filed in Kansas regarding the SEC’s new rule switching mid-size investment advisers (with assets under management between $25 million to $100 million) from the jurisdiction of the SEC [...]

NEW FORM ADV PART 2 DELIVERY REQUIREMENTS

If your investment advisor has filed the new Form ADV Part 2A, you can breathe a brief sigh of relief.  However, now it is time to focus on the new delivery requirements.  If your investment advisor is registered with the U.S. Securities and Exchange Commission (“SEC”) and filed the new Form ADV Part 2A, your [...]

Form ADV Part 1 Custody Changes

As part of CRD/IARD Software Release 2010.4 (click here to access the release), the United States Securities and Exchange Commission (“SEC”) announced changes to the custody questions listed on Form ADV Part 1.  Specifically, the following changes have been made to Item 9 of Form ADV Part 1: SEC registered advisers must continue to indicate [...]

SEC’s New Form ADV Part 2 Rule Now Effective

The U.S. Securities and Exchange Commissions (SEC) recently adopted amendments to the Form ADV Part 2 and related rules under the Investment Advisers Act of 1940.  These changes are now effective.  If your investment advisor has not already started the process of becoming familiar with the requirements of these changes, it should begin to do [...]

Did your Firm Renew for 2010? Don’t Forget About Form ADV Annual Amendments

Now that we are into a new year, can you confirm your registered investment advisor and its advisor representatives were properly renewed for 2010? Every year there are always a handful of firms that fail to submit renewal fees through the IARD system in a timely fashion. Therefore, even if you think the renewal payment [...]

2010 IARD Renewal & Form ADV Annual Amendment Requirements

Beginning Monday, November 16, 2009, registered investment advisor firms can access their 2010 Preliminary Renewal Statements via their IARD account. The Preliminary Renewal Statement must be paid, in full, by Friday, December 11, 2009. Because it takes approximately two days for payment to post to the IARD account, the funds should arrive no later than [...]

Registered Investment Advisors Need to Monitor Outside Business Activities of Investment Advisor Representatives

The establishment of policies and procedures designed to monitor the outside business activities (“OBAs”) of supervised persons (i.e. officers, directors, partners, investment advisor representatives, and employees) should be part of every registered investment advisor firm’s written compliance programs. RIA Compliance Consultants, Inc. suggests that some type of “outside business activities form” be created and all [...]

 

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* RIA Compliance Consultants, Inc. ("RCC") is not a law firm and does not provide legal services. A compliance consulting relationship with RCC is not provided those legal and professional protections that normally exist under an attorney-client relationship. For more information, please visit our Disclosures webpage.

The determination to use a third-party compliance services provider is an important decision and should not be based solely upon advertisements or self-proclaimed expertise. A description or indication of limitation of our compliance services does not mean that an agency or board has certified RCC as a specialist or expert in investment advisor compliance. All potential clients are urged to make their own independent investigation and evaluation of RCC.

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