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Section 203A of the Investment Advisers Act of 1940 (the "Advisers Act") generally prohibits an investment adviser from registering with the Commission unless that adviser has more than $25 million of assets under management or is an adviser to a registered investment company.
Rule 205-3 under the Advisers Act permits investment advisers to charge performance fees to clients with at least $500,000 under the adviser's management or with a net worth of more than $1,000,000.
Rule 204-3 under the Advisers Act, commonly referred to as the "brochure rule," generally requires every SEC-registered investment adviser to deliver to each client or prospective client a Form ADV Part 2A (brochure) and Part 2B (brochure supplement) describing the adviser's business practices, conflicts of interest ...
Advisers Act Rule 204-2(a)(7) requires registered investment advisers to maintain four narrow enumerated categories of written communications; specifically, communications ?received and . . . sent by such investment adviser? relating to (i) recommendations made or proposed to be made and advice given or proposed to be ...
Investment Advisers Act of 1940 This law regulates investment advisers. With certain exceptions, this Act requires that firms or sole practitioners compensated for advising others about securities investments must register with the SEC and conform to regulations designed to protect investors.
Section 206(3) of the Investment Advisers Act of 1940 (the "Advisers Act") makes it unlawful for any investment adviser, directly or indirectly "acting as principal for his own account, knowingly to sell any security to or purchase any security from a client ?, without disclosing to such client in writing before the ...
The rule requires investment advisers to deliver to their clients a written disclosure statement, or "brochure," of specified information concerning the background and business practices of the investment adviser. Investors use the information to determine whether to retain or continue to employ the investment adviser.
Sections 206(1) and 206(2) require an adviser to make full and adequate disclosure to clients on matters that may affect the adviser's independence and judgment. Section 206 is intended to bring conflicts of interest to the attention of clients to permit fully informed decisions regarding the adviser.