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How long will the registration process take?

November 02, 2018

The amount of time needed to register varies depending on the size of the firm. RIA Compliance Consultants estimates that it takes several weeks to a month to prepare all forms and up to 45 days for the SEC to approve or deny the registration request.

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Will advisers need written compliance manuals?

November 02, 2018

All advisers that do not qualify for the registration exemptions are subject to the same requirements as other SEC-registered investment advisers. So yes, firms will need written compliance manuals.

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Are there any reporting requirements for exempt advisers?

November 02, 2018

Advisers that rely on the venture capital exemption and the private fund with less than $150 million in assets under management exemption are considered “exempt reporting advisers,” are still subject to certain reporting requirements and may be subject to state reporting requirements. These advisers will be required to file the same registration form (i.e. Form […]

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Who must file Form PF?

November 02, 2018

Investment advisers must file a Form PF if registered or required to register with the SEC as an investment adviser; or if registered or required to register with the CFTC as a CPO or CTA and also registered or required to register with the SEC as an investment adviser; and manage one or more private […]

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When registering, what type of information will advisers have to provide about the private funds they manage?

November 02, 2018

Advisers to private funds are required to complete Section 7.B. of Form ADV Part 1A. This section has approximately 25 questions designed to require specific information about the fund’s organization and operation structure as well as identification of service providers (i.e. auditors, custodians, etc.) who perform important roles for the fund. In addition, advisers to […]

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Are the exemptions mandatory?

November 02, 2018

No, a firm that is exempt from registration can still register (or remain registered) with the SEC if they choose to do so, assuming the firm meets the requirements of Section 203A of the Advisers Act (more than $100 million in assets under management or qualifies for an exception to the prohibition from registering with […]

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Are there any exemptions to the registration requirements?

November 02, 2018

Yes, there are several exemptions to registration requirements but for purposes of this FAQ, we are assuming the private fund adviser is not required to register at the state level and focusing on the three passed in connection with the private fund adviser requirement: (1) venture capital fund advisers, (2) foreign private advisers, and (3) […]

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When did the new rules become effective?

November 02, 2018

The new rules were effective July 21, 2011. However, firms which are required to register with the SEC had until March 30, 2012 to do so. If your firm was subject to the registration requirements prior to March 30, 2012 and did not register, immediate action must be taken to comply with the registration requirements.

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