Form ADV Part 3 FAQs

The Form CRS/Form ADV, Part 3 relationship summary is a written disclosure that provides a retail investor with succinct information about the relationships and services the firm offers to retail investors, fees and costs that retail investors will pay, specified conflicts of interest and standards of conduct, and disciplinary history, among other things. 

See page 6 of https://www.sec.gov/rules/final/2019/34-86032.pdf .

The requirements of the Form CRS/Form ADV, Part 3 apply to all investment advisers registered or applying for registration with the U.S. Securities and Exchange Commission (“SEC”).

See page 3 at https://www.sec.gov/rules/final/2019/34-86032-appendix-a.pdf .

The requirements of the Form CRS/Form ADV, Part 3 do not apply to exempt reporting advisers filing with the SEC. 

See page 3 at https://www.sec.gov/rules/final/2019/34-86032-appendix-a.pdf .

The SEC’s new rule, which adopts the Form CRS/Form ADV, Part 3 requirement, applies only to SEC registered investment adviser firms and not state registered investment adviser firms.  However, a state securities regulator may adopt a similar requirement for investment adviser firms registered at the state level.  A state registered investment adviser should monitor the regulatory notices from its state securities regulators on whether the particular state intends to adopt a similar Form CRS/Form ADV, Part 3 relationship summary requirement for retail investors in that state.

A SEC registered investment adviser firm will be required to deliver the Form CRS/Form ADV, Part 3 relationship summary to each “retail investor” of the investment adviser firm.

For purposes of an SEC registered investment adviser’s delivery of the Form CRS/Form ADV Part 3 relationship summary, a “retail investor” is a natural person, or the legal representative of such natural person, who seeks to receive or receives services primarily for personal, family or household purposes.

See page 10 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

No, a SEC registered investment adviser firm is not required to prepare or file a Form CRS/Form ADV, Part 3 relationship summary if it does not have any retail clients.

See page 2 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

For a SEC registered investment adviser firm (which is not dually registered as a broker/dealer), the Form CRS/Form ADV, Part 3 may not exceed 2 pages.  If an investment adviser firm is a dually registered as a broker-dealer and desires to use 1 relationship summary, the relationship summary many not exceed 4 pages. The SEC registered investment adviser firm must use reasonable paper size, font size and margins. 

See page 2 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

Similar to the Form ADV, Part 2A, the Form CRS/Form ADV, Part 3 relationship summary must include the specific information asked in the instructions.  The investment adviser  firm must respond to each item and must provide responses in the same order as the items appear in these instructions. The investment adviser firm may not include disclosure in the relationship summary other than disclosure that is required or permitted by the instructions and the applicable item.

See page 2 of https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

The Form CRS/Form ADV, Part 3 relationship summary should be easy to read and written in plain English.  The SEC explained that the Form CRS/Form ADV, Part 3 relationship summary should (i) use short sentences and paragraphs, (ii) use definite, concrete, everyday words, (iii) use active voice, (iv) avoid legal jargon or highly technical business terms unless you clearly explain such terms, and (v) avoid multiple negatives. The investment adviser firm must write your response to each item as if the investment adviser firm is speaking to the retail investor, using “you,” “us,” “our firm,” etc. 

See page 3 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

No, a SEC registered investment adviser firm’s answers in the Form CRS/Form ADV, Part 3 relationship summary must be factual and provide balanced descriptions to help retail investors evaluate your services. For example, you may not include exaggerated or unsubstantiated claims, vague and imprecise “boilerplate” explanations, or disproportionate emphasis on possible investments or activities that are not offered to retail investors.  All information in a SEC registered investment adviser firm’s Form CRS/Form ADV, Part 3 relationship summary must be true and may not omit any material fact.

See page at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

No, the Form CRS/Form ADV, Part 3 relationship summary does not replace or serve as substitute for any other reporting or disclosure obligations of a SEC registered investment adviser firm under the Investment Advisers Act of 1940 as amended or the SEC rules thereunder.

See page 3 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

Due to the length limitations of the Form CRS/Form ADV, Part 3 relationship summary, an investment adviser firm’s answer in the relationship summary will need to reference the more detailed disclosures in the Form ADV Part 2A.  In electronic version of the Form CRS/Form ADV, Part 3 relationship summary which are posted on the investment adviser firm’s website or delivered electronically, the investment adviser firm must provide a way to access the referenced materials such as a hyperlink.  In the paper version of the Form CRS/Form ADV, Part 3 relationship summary, the investment adviser firm must include URL address or QR code or other means to access the information.

See page 4 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

Yes, the SEC is encouraging dually registered broker-dealer/investment adviser firms to use a single Form CRS relationship summary.  However, a dual registrant is permitted to prepare two separate Form CRS relationship summaries for brokerage services and investment advisory services.  Whether a dually registered broker-dealer/investment adviser firm prepare a single relationship summary or two, the dually registered broker-dealer/investment adviser firm must present the brokerage and investment advisory information with equal prominence and in a manner that clearly distinguishes and facilitates comparison of the two types of services.  If a dually registered investment adviser/broker-dealer prepares two separate relationship summaries, the dually registered investment adviser/broker-dealer must reference and provide a means of facilitating access to the other relationship summary and deliver to each retail investor both relationship summaries with equal prominence and at the same time, without regard to whether the particular retail investor qualifies for those retail services or accounts.

See page 5 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

A SEC registered investment adviser firm, which is required by the SEC to deliver a Form CRS/Form ADV, Part 3 relationship summary to retail investors, must file electronically the Form CRS/Form ADV Part 3 relationship summary with the SEC through the Investment Adviser Registration Depository (“IARD”).  The investment adviser firm must file via the IARD a Form CRS/Form ADV, Part 3 relationship summary which is a text searchable format with machine-readable headings.

See page 6 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

If an investment adviser firm is already registered with the SEC or has an application pending to register with the SEC before June 30, 2020, an investment adviser firm may file with the SEC the Form CRS/Form ADV, Part 3 relationship summary starting May 1, 2020 and must have filed with the SEC the Form CRS/Form ADV, Part 3 relationship summary by June 30, 2020.

See page 7 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

Within 30 days after the date by which the SEC registered investment adviser firm is first required to electronically file Form CRS/Form ADV, Part 3 relationship summary with the SEC, the investment adviser firm must deliver its Form CRS/Form ADV, Part 3 relationship summary to each of its existing clients and customers who are retail investors.  In other words, a SEC registered firm is required to electronically file the Form CRS/Form ADV, Part 3 relationship summary by June 30, 2020 so all existing (before June 30, 2020) clients (meeting the definition of “retail investors”) should receive the Form CRS/Form ADV, Part 3 by no later than July 30, 2020.

See page 8 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

A SEC registered investment adviser firm must deliver a Form CRS/Form ADV, Part 3 relationship summary to each retail investor before or at the time the investment adviser firm enters into an investment advisory contract with the retail investor.  A SEC registered investment adviser firm must deliver the Form CRS/Form ADV, Part 3 relationship summary even if the investment adviser firm’s agreement with the retail investor is oral.

See page 6 – 7 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

If an investment adviser firm is registered with the SEC, the investment adviser firm must amend its Part 3 of the investment adviser firm’s Form ADV within 30 days whenever any information in the investment adviser firm’s relationship summary becomes materially inaccurate by filing with the SEC an additional other-than-annual amendment or by including the relationship summary as part of an annual updating amendment.

See page 4 at https://www.sec.gov/rules/final/2019/34-86032-appendix-a.pdf .

A SEC registered investment adviser must communicate any changes in the updated Form CRS/For ADV, Part 3 relationship summary to retail investors who are existing clients within 60 days after the updates are required to be made and without charge.

RIA Compliance Consultants is interpreting this to man that if an investment adviser firm has 30 days to file the updated Form CRS/Form ADV, Part 3 relationship summary with the SEC and then 60 days after the 30 days to file, the investment adviser firm essentially has 90 days to deliver the updated Form CRS/Form ADV, Part 3 relationship summary to the retail investors who are existing clients from date that the Form CRS/Form ADV, Part 3 relationship summary became inaccurate or out dated.  However, there appears to be some ambiguity in the instructions so this interpretation may not be what is intended by the SEC.

See page 8 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

Yes, a Form ADV Part 3 must be delivered to existing investment advisory clients, who may have already received an ADV Part 3 whenever the client (1) opens any new accounts with you, (2)  whenever you recommend they rollover assets from a retirement account to a new or existing account/investment, (3) or whenever you recommend or provide a new advisory service or investment that doesn’t involve opening a new account/wouldn’t be held in an existing account.

See page 8 https://www.sec.gov/rules/final/2019/34-86032-appendix-a.pdf .

An investment adviser firm registered with the SEC must include an exhibit highlighting the most recent changes required by Form CRS, Form ADV, Part 3 when delivering the updated Form CRS/Form ADV, Part 3 relationship summary to an existing retail investor.

See page https://www.sec.gov/rules/final/2019/34-86032-appendix-a.pdf .

Yes, a SEC registered investment adviser firm must post the current version of the Form CRS/Form ADV, Part 3 relationship summary prominently on the investment adviser firm’s public website, if it has one, in a location and format that is easily accessible for retail investors.

See page 9 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf .

Like the Form ADV, Part 2A disclosure brochure, a SEC registered investment adviser firm is required to maintain the Form CRS/Form ADV, Part 3 relationship summary for 5 years following the end of the fiscal year during which the last entry was made on such record.

See page 6 at https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf.

Generally, a standalone investment adviser (not dually registered as a broker-dealer) must include in its Form ADV Part 3 a list of all the advisory services it offers, the type of trading authority it maintains over client accounts, a descriptions of their fees,  a list of their conflicts of interest, a statement of the standard of conduct expected of an investment adviser, any reportable disciplinary events, a set of prescribed questions clients should ask the investment adviser, and references to additional information.

See https://www.sec.gov/rules/final/2019/34-86032-appendix-b.pdf