Get MEMORANDUM To: File No. S7-36-10 (Investment Adviser ... - Sec

A SEC registered investment adviser firm must deliver a Form CRS/Form ADV, Part 3 relationship summary to each retail investor before or at the time the investment adviser firm enters into an investment advisory contract with the retail investor.

Any firm or individual who acts as an investment advisor on behalf of an investment company is also required to file with the SEC, regardless of the number of assets under management.

Part 2B of Form ADV is called the “brochure supplement.” An investment adviser must give a client a brochure supplement for each individual that it supervises who: (1) formulates investment advice for that client and has direct client contact; or (2) makes discretionary investment decisions for that client's assets, ...

This Form must be completed by investment advisers that have custody of client funds or securities and that are subject to an annual surprise examination.

Each year you must file an annual updating amendment to your Form ADV. This annual updating amendment should be filed with IARD within 90 days of your fiscal year end. You must also amend Form ADV (Parts 1 and 2) whenever the information in your Form ADV becomes inaccurate within 30 days after the change occurs.

While there are some exceptions, in general, investment advisors with $100 million or greater in regulatory assets under management (AUM) must register with the SEC as Registered Investment Adviser (RIA).

Anyone who provides investment services to their clients is expected to file SEC Form ADV. This includes investment firms or individual advisers. It serves as a registration form with the Securities and Exchange Commission and it must also be filed with one or more state securities authorities.

If an individual meets the state's definition of an investment advisor and maintains a place of business within a state or has a certain number of clients within the state, then most state securities regulators will require the individual to register as an investment advisor representative.