Define small adviser - ANSWER -Advisers with $25 million or less in
assets under management
3 reasons for small advisers to register with SEC - ANSWER -1.
principal state does not require registration
2. state does not require any type of exam
IARD Account - ANSWER -All states that require registration of IAR's
(RA's on CRD) which can be done in a IARD account
When is the deadline to amend form ADV? - ANSWER -All firms that
are registered with the SEC on Jan 1st 2012 must amend their ADV by
March 30th, 2012
"buffer zone" to remain SEC registered - ANSWER -If a firm has
assets between $90 - $110 million, then the firm is not required to switch
their registration
New rule on "private adviser exemption" - ANSWER -an adviser with
its principal office and place of business in the U.S. is exempt from
Advisers Act registration under the Private Fund Adviser
Exemption if it: (1) acts solely as an adviser to one or more "Qualifying
Private Funds" and (2) manages private fund assets of less than $150
million
Foreign Private Adviser Exemption - ANSWER -Under Dodd-Frank
Act, adviser will be exempt if:
, 1. has no place of biz in the U.S.;
2. has fewer than 15 clients and "investors" in the U.S. in "private funds"
advised by the adviser;
3. has aggregate assets under management attributable to clients "in the
US" of less than $25 million;
4. does not hold itself out generally to the public in the US as an
investment adviser.
definition of RAUM - ANSWER -R.egulatory A.ssets U.nder
M.anagement - under Advisers Act Section 203A(a)(2) this is when the
advisor is providing continuous and regular supervisory or mamagement
services
2 definitions met for RAUM - ANSWER -(a) it has discretionary
authority over and
provides ongoing supervisory or management services with respect to
the account;
or (b) does NOT have discretionary authority over the account, but has
ongoing responsibility to select or make recommendations, based upon
the needs of the client, as to specific securities or other investments the
account may purchase or sell and, if such recommendations are accepted
by the client, is responsible for arranging or effecting the purchase or
sale.
6 Exempt Institutions - ANSWER -1. Intrastate Advisers
2. Insurance company advisers
3. Private Fund Advisers / Foreign Advisers / VC Advisers
4. Charitable Organizations and Employees
5. Commodities Trading Advisers
6. Church Plans