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Limitation of Liability of the Investment Adviser The Investment Adviser shall not be liable for any error of judgment or mistake of law or for any loss arising out of any investment or for any act or omission in the management of the Fund, except for willful misfeasance, bad faith or gross negligence in the ...
The Investment Advisers Act of 1940 (?Advisers Act?) lays out the two basic fiduciary duties that all investment advisers owe to their clients: the duty of care and the duty of loyalty. An adviser must always serve the best interests of its client and cannot put its own interests ahead of the interests of its client.
To dually register an individual as an AG (Broker-Dealer Agent) and RA (Investment Adviser Representative) when the employing firms are affiliates, both Form BD and Form ADV must designate the other firm as an affiliate.
An example is the "safe harbor" provision found in most company press releases. Potential conflicts of interest from, for example, a stock analyst writing a recommendation for one's own holdings, must also be included in the hedge clause for that report.
Section 215 of the Advisers Act , which also predates Dodd-Frank, provides that: ?(a) Any condition, stipulation, or provision binding any person to waive compliance with any provision of this title or with any rule, regulation, or order thereunder shall be void.
Certified Financial Planner (CFP) ? Hold a bachelor's degree, plus 3 years experience. Personal Financial Specialist (PFS) ? Have 75 hours personal financial planning education; also, hold a CPA, which requires a degree, plus 2 years experience.
Electronically file (through the IARD system) a Form U-4 for each investment adviser agent you are registering. Generally, investment adviser agents must pass the Series 65 examination. See the Question and Answer sheet for more information on testing, including exceptions to this requirement.
The hedge clause indemnifies the author(s) against responsibility for any errors, omissions, or oversights contained within the document.