Client Acknowledgement – No Due Diligence of Service Provider Selected by Client is a sample form intended for use by an investment adviser when a client independently selects (without assistance, referral or recommendation by investment adviser) a service provider in order to document that investment adviser has not provided due diligence on such service provider. RCC offers no guarantees or warranties that such form will be accepted by securities regulator or fully protect the investment adviser. RCC believes that it’s highly likely that a securities regulator will challenge an investment adviser that attempts to avoid any due diligence responsibility for a service provider which was referred, recommended, or selected by such investment adviser. Therefore, the context surrounding the use of this sample form is very important. Regardless of this sample form, an investment adviser should avoid working with any service provider (even if selected independently by a client) that has significant background/due diligence red flags known to the investment adviser. RCC recommends consulting with a compliance consultant and attorney before use.
This sample form should be considered as a starting point; the investment adviser firm will need to customize this sample form to its busienss model and policies and procedures. Please see our disclosure about the limitations of sample form here.
This sample document is delivered via the purchaser’s online subscription account with RIA Compliance Consultants. If the purchaser does not have an online subscription account, after the purchase, the purchaser will receive a follow-up email directing the purchaser to establish online subscription account. This step will need to be completed before our systems can deliver the sample document. For an instructional video, click here.
Included with Gold and Platinum Packages. Initially posted in April 2018.
This sample document is merely an example for general reference and educational purposes. RIA Compliance Consultants, Inc. is providing this sample document to the purchaser on an “as is” basis with no warranty or guaranty whatsoever.
This sample document should be considered a starting point, and purchaser should not treat this sample document as a final document ready for use. The sample document has not been customized to the purchaser’s business model, the specific investment advisory rules applicable to the purchaser’s investment adviser or the written supervisory procedures and code of ethics of purchaser’s investment adviser.
This sample document may not be applicable or appropriate for every investment adviser. The purchaser should not consider a sample document purchased from our online store as an exhaustive, comprehensive or definitive list of the items necessary to meet the purchaser’s obligations under the applicable investment adviser laws and rules.
This sample document is not intended to detect or prevent fraud, selling away, Ponzi schemes, undisclosed outside business activities, inaccurate or false fee calculations, theft, misappropriation or unlawful conversion of client funds.
Due to changes of investment adviser laws and rules, this sample documented may become outdated and need to be updated or discontinued. RIA Compliance Consultants, Inc. will not be providing any subsequent updates of this sample documents to the purchaser. Likewise, RIA Compliance Consultants, Inc. will not be monitoring and reporting to the purchaser any issues related to the use of this sample document.
Since this sample document may not reflect the specific investment advisory requirements of the purchaser’s securities regulator, the purchaser should check with the securities regulator(s) with jurisdiction over its investment adviser or review any applicable rules before using this document.
This sample document is not a substitute for retaining a compliance professional to advise and assist the purchaser regarding its investment adviser’s compliance program. Unless otherwise agreed to in writing, the purchaser understands that the purchaser has not engaged RIA Compliance Consultants, Inc. in a consulting relationship by merely purchasing or utilizing a sample form. Additionally, the purchaser understand that unless otherwise agreed to in writing, RIA Compliance Consultants, Inc. is not responsible for customizing this sample document, updating the sample document, preparing the purchaser’s written supervisory procedures or code of ethics, or notifying the purchaser of changes to the investment adviser laws and rules.
Purchaser is not authorized to re-sell this sample document nor license the use of this sample document to a third-party.
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