ADV Filings for Exempt Reporting Advisers
Although many advisers to private funds will be required to register as a result of the Dodd-Frank Act, some will be exempted from registration. The SEC refers to these advisers as exempt reporting advisers. Even though exempt reporting advisers are not required to register with the SEC, they are subject to strict reporting, recordkeeping, and other compliance obligations.
Exempt reporting advisers include:
- Advisers solely to venture capital funds
- Advisers solely to private funds with less than $150 million in assets under management in the U.S.
Although exempt reporting advisers file the same Form ADV as registered investment advisers, they only need to respond to certain items and questions. RIA Compliance Group can help exempt reporting advisers with their initial and annual Form ADV filings and the preparation of privacy policies and procedures.
SEC Press Releases
Press Releases
RIA’s Hypothetical Performance Ads Cause Real Life Compliance Problems
On August 21, 2023, the SEC charged a New York-based FinTech investment adviser with using misleading hypothetical performance metrics in the firm’s advertisements. This enforcement action is particularly noteworthy, because it is the first case brought involving...
SEC Charges RIA with Paying Content Creators to Solicit Clients and Violating the Cash Solicitation Rule
Although the Cash Solicitation Rule was incorporated in part in the Marketing Rule, there are lessons to be learned from a recent enforcement action. On August 22, 2023, the SEC settled charges against a Registered Investment Adviser (RIA) based in Washington, D.C....
SEC Issues New Marketing Rule Risk Alert
On September 19, 2022, the SEC’s Division of Examinations published a Risk Alert dealing with the Commission’s initial areas of review of Registered Investment Advisers’ (RIAs) compliance with the Marketing Rule. In its latest Risk Alert published on June 8, 2023, SEC...
RIAs Must Understand the Risks Associated With Recommended Investment Products
RIAs and IARs must comply with care obligations when recommending products with unique risks On May 4, 2023, the SEC announced that the Commission had settled charges against a Registered Investment Adviser (RIA) based in Fargo, North Dakota, as well as an Investment...
SEC NEWS
Division of Investment Management News
SEC Takes Action Against Adviser for Defrauding Retirees and Investors Nearing Retirement
On December 19, 2019, the SEC filed a complaint in federal court against a Sacramento, California-based investment advisory firm and its owner. The complaint alleged that the Registered Investment Adviser (RIA) and its owner defrauded hundreds of retail clients, most...
New SEC Risk Alert Identifies Most Frequent Advertising Rule Compliance Issues
On September 14, 2017, the SEC’s Office of Compliance Inspections and Examinations (“OCIE”) published a Risk Alert, which revealed the most frequent advertising rule compliance issues identified in OCIE examinations of Registered Investment Advisers (“RIAs”). OCIE’s...
The Five Most Frequent Compliance Topics Identified During RIA Exams
The SEC’s Office of Compliance Inspections and Examinations (OCIE) publishes a list of the five compliance topics most frequently identified in deficiency letters sent to SEC-registered investment advisers.