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Although the Colorado Private Fund Adviser Exemption broadly provides relief from investment adviser registration for all Colorado-based private fund managers, managers to funds that are ?venture capital funds? (such manager, a ?VC Manager?) are able to enjoy additional benefits even if such fund is a 3(c)(1) fund.
The Colorado Securities Act provides two definitions of ?investment adviser,? (1) any person who, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities, ...
Rule 51-4.11(IA) allows certain investment advisers of private funds to be exempt from licensing. Rule 51-4.12(IA) requires investment advisers to consider disaster scenarios. Rule 51-4.13(IA) imposes a positive net worth requirement. Rule 51-4.15(IA) defines when one may charge a performance fee.
An advisory agreement is the main document used to memorialize, in writing, the relationship between the Registered Investment Advisor (?RIA?) and client. Among other things it generally outlines the services to be offered, the fees to be charged, and the overall expectations of the RIA/client relationship.
Rule § 51?3.13 now includes a state exemption from registration for offerings made under Tier 2 of federal Regulation A and Section 18(b)(3) of the Securities Act of 1933.
A business advisory agreement should contain all material terms such as compensation rates, scope of work, duration of engagement and payment schedule. This will provide clarity on who does what and when they are paid for it.
Limitation of Liability Clause This clause limits the amount that the advisor will have to pay if the client suffers loss due to their financial advice.