From the category archives:

Investment Advisor

Business Continuity Plans (Disaster Recovery Plans) | Investment Adviser Registration

August 24, 2010

The following post is part of our hedge fund compliance guide for managers who will be required to register as investment advisers with the SEC.  After the Dodd-Frank bill, managers with either $1ooM of AUM (if managing a fund and separate accounts) or $150M of AUM (if managing a fund only) will be required to [...]

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Bart Mallon Quoted in Wall Street Journal on Hedge Fund Registration

August 19, 2010

(www.hedgefundlawblog.com) In an article published today in the Wall Street Journal, Bart Mallon of Mallon P.C. was quoted discussing the current and future role of the state securities divisions with respect to hedge funds.  After the implementation of the new SEC registration thresholds under Dodd-Frank, previously SEC registered hedge fund managers will be required to [...]

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Costs to Complete New Form ADV Part 2

August 19, 2010

SEC Estimates Preparation Costs of $3,000 to $5,000 for SEC Registered Advisers We have been reviewing the SEC release related to the amendments to Form ADV Part 2.  Specifically we were interested, like many managers, in the amount of time it will likely take to complete the new Part 2.  Unlike the old Part 2, [...]

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Form ADV Part 2 and State Registration

August 16, 2010

A couple of weeks ago the SEC announced that they approved certain updates for Form ADV Part 2 .  While these forms will be required for managers who are subject to registration with the SEC (under the new rules, those managers with either $100 or $150 million of assets under management depending on the circumstance), [...]

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New Form ADV Part 2 Format Released

July 30, 2010

SEC Announces New Format for ADV Part 2 Advisors registered with the SEC should have received a notification from the SEC about the new Part 2 format.  We have posted that release below and the communication we received from the SEC.  We have also posted the new release as well as the instructions for the [...]

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SEC Approves ADV Part II Update

July 25, 2010

New Form to Require More Disclosure On July 21, the SEC approved changes to the Form ADV Part II which are designed to provide more and better information to investors.  Currently Part II (and Schedule F which qualifies much of the information on Part II) contains a series of check the box options and also [...]

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Financial Reform Bill Passes Senate

July 16, 2010

As has been widely reported, the Senate passed the Financial Reform Bill setting the stage for President Obama to sign the bill within the next week.  With respect to investment advisors, one of the central items is the private equity and hedge fund registration requirement.  We will be reporting further on the bill in the [...]

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Hedge Fund Compliance Guide

July 15, 2010

After the passage of the Dodd-Frank financial reform bill, managers and service providers will be preparing to go through the registration process. Managers should note that while the registration process is fairly straightforward, the ongoing compliance requirements under the Investment Advisers Act are perhaps more important. In this guide we will be providing an overview [...]

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Investment Adviser Representative Information Now Publicly Available on IAPD

June 30, 2010

IAPD Update Provides Information on IA Reps The Investment Adviser Public Disclosure (IAPD) was updated this week so that information on investment adviser representatives will now be available online.  Previously the search function allowed members of the public to access information on IA firms only.  The previous information available through the adviser search function consisted of [...]

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Pay to Play Rule Adopted by SEC

June 30, 2010

Investment Advisers Act Rule 206 (4)-5 Today the SEC approved new Rule 206 (4)-5 under the Investment Advisers Act of 1940 which prohibits investment advisers from making political contributions in certain situations.  The new rule has three essential elements: Investment advisory firms and employees are prohibited from managing assets for compensation if the adviser or [...]

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