As investment adviser firms start to receive loan proceeds through the Paycheck Protection Program (“PPP”), which is a loan program that originated from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, many investment adviser firms have asked whether the forgivable nature of the PPP loan will constitute a compromise with a creditor for purposes of Item 14K of the Form U4 of an investment adviser representative who is a control person.
Addition to RIA Compliance Consultants’ Sample Forms Library – Non-Access Person Acknowledgement Form
October 13, 2016
RIA Compliance Consultants added a new Sample Form to our Sample Forms Library. Our new Non-Access Person Acknowledgement Form is for investment advisers to document employees who are “non-access persons.” According the Securities and Exchange Commission (SEC), an investment adviser’s “access persons” are, “any of the investment adviser’s supervised persons who have access to non-public information regarding any investment advisory client’s purchase or sale of securities, or nonpublic information regarding the portfolio holdings of any reportable fund or any person who is involved in making securities recommendations to investment advisory clients, or who has access to such recommendations that are nonpublic.”
November 17, 2015
As of yesterday, Monday, November 16, 2015, your investment adviser firm can access, via its Investment Adviser Registration Depository (IARD) account, its Preliminary Renewal Statement for the upcoming year. Investment advisor firms are assessed individual registration fees based on the state(s) that the firm is notice filed or registered in and the number of investment advisor representatives and their approved registration statuses. The amount reflected in the Preliminary Renewal Statement is the amount of renewal fees investment advisors must pay in order to maintain active registration for the firm and its investment adviser representatives.
November 05, 2015
The North American Securities Administrators Association (NASAA) announced that the Investment Adviser Registration Depository System (IARD), the national database sponsored by NASAA and the U.S. Securities and Exchange Commission (SEC) that provides investment adviser firms and their investment adviser representatives a single source for filing state and SEC investment adviser registration and notice filings, will waive the IARD system processing fees for state registered investment adviser firms in 2016. While waiving IARD system processing fees for state registered investment adviser firms in 2016, NASAA will continue charging a $10 IARD system processing fee for each investment adviser representative (IAR).
January 01, 2014
New regulation in the state of Massachusetts will now require investment adviser representatives registering with the state of Massachusetts for the first time to complete a criminal background check referred to as Criminal Offender Record Information (CORI) check. The Secretary of the Commonwealth, William Gavin, his office believes such CORI checks will serve to protect investors. Beginning January 1, 2014, each new application for registration as an investment adviser representative will be required to complete the CORI check and submit as part of their application to the state a CORI acknowledgement form to the Massachusetts Security Division as part of the application process. For complete review of the change in Massachusetts Regulations please click here.
November 20, 2013
As we have discussed in previous articles, effective August 31, 2013, Minnesota law requires registration for investment adviser representatives. An Order dated October 31, 2013, has been issued by the Minnesota Department of Commerce regarding the “Implementation of Registration Process for Investment Adviser Representatives.” According to this Order, the initial registration period in Minnesota for investment adviser representatives is November 1, 2013 through January 31, 2014. Under Minnesota law, the application for initial registration as an investment adviser representative is made by completing Form U4 and filing the Form U4 with the IARD. The application for initial registration must also include proof of compliance by the investment adviser representative with the following examination requirements:
February 10, 2013
When an individual is considering whether to start a registered investment adviser, a primary concern is how much will it cost to set-up an investment adviser firm. The set-up expenses can vary greatly depending upon whether the firm will need to register as an investment adviser with the U.S. Securities Exchange Commission (“SEC”) or with the state securities regulator, the size of the investment adviser, the complexity of the proposed investment adviser’s business model, and the conflict or potential conflict of interest situations that will exist. An individual looking to register as an investment adviser will not only need to take into consideration the cost involved in the actual investment adviser registration process but will also need to consider the cost of getting the appropriate office set-up and systems in place as well as any staffing related costs.
December 09, 2012
If an investment adviser representative was previously licensed as a registered representative/securities agent with a broker/dealer through the Web CRD system, the state securities regulator should be able to access fingerprint information already on file. Also, if an investment adviser representative was previously licensed with another investment advisor firm, the state securities regulator will generally not require a new fingerprint card. It should be noted that many state securities regulators do not even require a fingerprint card, so it is important you check with the state securities regulator prior to completing a fingerprint card.
November 16, 2012
The Georgia Securities Division recently issued a notice for investment adviser representatives registered in Georgia. The notice indicated that due to an administrative error, an investment adviser firm’s Preliminary Renewal Statements, now available on the Web CRD / IARD system, does not accurately reflect the correct investment adviser representative renewal fee. The correct fee for individuals registered in Georgia as only an investment adviser representative is $100 per individual and not the $30 fee per individual as displayed on the Preliminary Renewal Statement. The Georgia Securities Division further indicated that correct fees will be displayed on Final Renewal Statements once those become available.
August 15, 2012
Investment adviser representatives must make amendments in a timely manner to their Form U4s when a material change occurs. Typically, this means filing an amended Form U4 within 30 days of the material change. Failure to do so can lead to fines, suspensions, or even being barred from acting as an investment adviser representative. Investment advisers must make sure their investment adviser representatives are aware of this requirement and understand the consequences of failing to update their Form U4s.