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The SEC has Published FAQs Regarding the Switch of Investment Advisers From SEC to State

Tuesday, August 23, 2011

The U.S. Securities and Exchange Commission (“SEC”) has posted a webpage with frequently asked questions regarding the switch of investment advisers with less than $100 million of assets under management from the SEC to state securities regulator(s). Click here to go to the SEC “FAQ” webpage.

There are only a five questions posted so far, however some of it is valuable new information. One new tidbit of information is that only RIAs located in New York and Wyoming will be required to remain registered with the SEC and will not be affected by the switch. In earlier communications it was hinted that Minnesota would be included on this list, but this is no longer the case. In addition, at the bottom of this webpage is a link to the new amended Form ADV Part 1 which is being revised to include the new investment adviser registration requirements. The new questions on the Part I will have to be answered by all investment advisors, not just the ones involved in the switch. The SEC expects this new form to be available electronically through IARD by January 1, 2012. Click here to view a copy of the amended Form ADV Part 1, here to view the instructions for filling out the amended Part 1 Appendix A and here for Appendix B.

Hopefully more questions and answers will be added in the future.