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Does an investment advisor need $100 million or more of assets under management to register as an investment advisor with the SEC?

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No. Although assets under management is the most common basis for an investment advisor to register with the SEC, Rule 203A under the Investment Advisers Act of 1940 provides exemptions to the asset under management test and other criteria to qualify for SEC registration as an investment advisor. Under the SEC´s new switch rules, revisions have been made to some of the existing exemptions which allow for SEC registration as an investment advisor. If an SEC registered investment advisor has previously relied upon one of these exemptions, the investment advisor should review the exemptions listed in the new Form ADV Part 1A to determine if the investment advisor will still qualify for SEC registration as an investment advisor.

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