New Mexico Investment Adviser Withdrawal is a process that allows Registered Investment Advisers (Bias) to request termination of their registration with the New Mexico Securities Division. The process requires the submission of a completed application, a signed withdrawal agreement, and payment of a $50 fee. There are two types of withdrawal available: voluntary and involuntary. Voluntary withdrawal is initiated by the RIA and can occur at any time without cause. Involuntary withdrawal occurs when the New Mexico Securities Division determines that the RIA has violated state securities laws and orders the RIA to withdraw its registration. In either case, the RIA must provide all clients, custodians, and partners with a written notice of the withdrawal.
New Mexico Investment Adviser Withdrawal
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FAQ
Exempt reporting advisers (ERAs) are defined as investment advisers, but, because they either are private fund advisers or advise venture capital funds, they are exempt from registration on either the state or federal level.
In the United States, investment advisers who solely manage qualifying venture capital funds or solely manage private fund assets of less than $150 million are exempt from registration with the SEC and from many of the regulations applicable to registered investment advisers (RIAs).
An RIA who wishes to deregister with the SEC must provide all of the following information on Form ADV-W and its schedules: Name, CRD number, and other identifying information. Status of Advisory Business, including the date they ceased to do business and the reason for their withdrawal from business.
Exempt Reporting Advisers that are registering with any state securities authority must complete all of Form ADV.
The brochure rule states that the required information must be provided to new clients at least 48 hours before entering into an advisory contract. Advisors must give existing clients a new brochure every year. Failure to provide the brochure is considered fraudulent behavior.
Exempt Reporting Advisers (ERAs) are investment advisers that are not required to register as an adviser with the U.S. Securities Exchange Commission (SEC) or state regulators, but must still pay fees and report public information via the IARD/FINRA system.
Call the IARD Hotline at 240-386-4848 8 A.M. - 8 P.M., ET, Monday through Friday. Form ADV-W is used by Investment Adviser firms to terminate registration with the SEC and/or states and jurisdictions.
Does a state-registered or exempt reporting adviser ("ERA") need to file a Form PF? Given the criteria above, SEC-registered RIA firms with less than $150 million in private fund AUM, exempt reporting advisers, and state-registered RIA firms are generally not required to file a Form PF.