Form ADV

Form ADV Part 2A Difficult Challenges – and How to Handle Them

With March 31 approaching, many investment advisers, their legal representatives and consultants are deep into the Form ADV process. Meeting the deadline, of course is just one challenge. The other is ensuring that the Form is updated to properly disclose changes that took place in an advisers business during the past year or that are expected in the coming year. This information is required for both existing and prospective clients - and you can be sure the SEC will be paying attention.

Cybersecurity Concerns Cause SEC to Delay Reporting Requirements

Investment companies and their advisers now have nine more months to comply with new EDGAR reporting requirements, the SEC said on December 8. It tied the delay to cybersecurity steps that the agency is or will be undertaking.

IAA Issues Checklist to Help Advisers Comply with Form ADV Part1A Changes

The Investment Adviser Association has issued a checklist that should make life a little easier for those completing the SECs new and amended items on Form ADV Part 1A. Those items, adopted by the agency in August 2016, address a number of key topics, including reporting on separate accounts and private funds managing multiple entities.

SEC Staff Issue Form ADV FAQs as Compliance Deadline Approaches

Form ADV is changing - and advisers that do not take the time to learn how to answer the new questions may find themselves scrambling for answers as the October 1 effective date draws near. It may seem far off, but its only a little more than 90 days away. The SECs Division of Investment Management earlier this month issued answers to 23 frequently asked questions to help advisory firms prepare.

Meet These 2017 Regulatory Deadlines

Its January and that means another year of potential to excel, increase returns, and be all you can be. Along with that, the start of 2017 means another year of meeting SEC and other applicable regulatory deadlines.

Guidance Clarifies Reliance on Predecessor Registrations

Five questions, five relatively clear answers. Thats what the SEC Division of Investment Management provides in its latest guidance on when and how investment advisers may rely on predecessor registrations. Attorneys and consultants providing counsel to investment advisory firms would be wise to use the guidance.

SEC Adopts Final Liquidity Risk Management and Related Rules with Changes

The SEC adopted its final liquidity risk management rule, along with related rules and amendments, on October 13. While the final rule has some significant changes from the proposed version - such as reducing the number of liquidity classifications from six to four - it will still have a significant effect on how mutual funds and other open-end management funds conduct business.

SEC Adopts Form ADV Reporting Rule Amendments

More than a year after proposing them, the SEC on August 25 adopted amendments to Form ADV that will, among other things, require advisers to provide aggregate reporting on separate accounts. The changes will also allow private fund advisers managing multiple entities as a single business to register and report on just one form, a concept known as "umbrella registration." Compliance by advisers is required by October 1, 2017.

IAA Supports SEC Effort to Gather More Adviser Data, But Wants Some Changes

Enhanced risk monitoring and regulatory safeguards are fine, but please do it in a way that reduces the regulatory burden on small advisory firms and protects client confidentiality. Also, as long as youre tinkering with Form ADV, please clear up the confusion on the current form regarding custody.

Outsourced CCO and Advisers Face Form ADV, Books and Records Charges

Outsourcing a chief compliance officer may leave both an adviser and the third-party CCO it hired in trouble.

Audio Interviews

How to Read an SEC Enforcement Action

Stern Tannenbaum law firm partner Aegis Frumento on how to get the most from reading an SEC administrative order or court complaint.

Most Important Supreme Court Decisions for Advisers and Funds

Find out the high court decisions from recent years that are likely to affect how advisers and investment companies work from Debevoise partner Robert Kaplan. 

Top 10 Cybersecurity Steps to Take Now

Sutherland law firm partner Brian Rubin shares the most urgent cybersecurity steps for investment advisers.

Top Marketing Problems … and Solutions

Get solutions for the top marketing challenges that advisers face from ACA Compliance Group managing director Kimberly Daly

Watch Out for 5 Cybersecurity Myths

ACA Aponix Director Pascal Busnel on the most common cybersecurity myths that may cause firms to spend resources where they may not be needed.

The Hidden Costs of Non-Compliance

Proskauer law firm partner and former SEC Division of Investment Management deputy director Robert Plaze on why the costs of non-compliance go way beyond an SEC penalty.

CCO Liability: How to Protect Yourself

Find out from Blue Edge Capital CCO Margaret Fretz what chief compliance officers may be liable for and best practices to make sure you are protected.

Ethics or Compliance: Making the Choice

Find out the difference an ethics, rather than a compliance, perspective makes at an advisory firm from former Ethics and Compliance Officer Association COO Timothy Mazur.