Big changes are in store for investment advisers over the next few months, and your preparations should be well under way.
Under new registration thresholds and requirements, many advisers to private funds will be required to register with the Securities and Exchange Commission for the first time on March 30. At the same time, certain mid-sized investment advisers will be switching to state registration. For advisers already registered with the SEC, you will still have to contend with the new Form ADV when you file your amendments on March 30.
To make sure you are not left scrambling to prepare for these new rules, below are a few key dates to remember:
February 14, 2012 – While this deadline has already passed, many private funds advisers that will now fall under SEC purview have not yet filed their initial applications for registration. Filing ahead of March 30 is necessary because it can take up to 45 days to be approved.
March 30, 2012 – Each adviser registered with the SEC on January 1, 2012 must file an amendment to its Form ADV no later than March 30, 2012. In addition, exempt reporting advisers must file their first reports on Form ADV by that date as well.
June 13, 2012 – Registered advisers, exempt reporting advisers, and foreign private advisers must comply with the ban on third-party solicitation in the “pay to play” rule by June 13, 2012.
June 28, 2012 – Mid-sized advisers that are no longer eligible for SEC registration must register with the relevant state and withdraw their registration with the SEC by filing Form ADV-W no later than June 28, 2012.
How We Can Help Ensure Compliance
Of course, this post provides only a brief overview of the compliance issues facing advisers in the coming months. Therefore, you should consult with experienced counsel to meet the new rules.
Eckerle Law offers a highest-quality and cost-effective alternative to the traditional law firm model for a wide variety of transactional and regulatory matters serving all your business law needs. Our experienced attorneys also provide a full range of compliance services for investment advisers, offering compliance tools that are tailored to fit the ever changing regulatory landscape as well as your business needs.
If your company would like to strengthen its business practices, please contact us today so we can leverage our experience to create real-life business and legal solutions to help your business thrive.