Investment Adviser Compliance Services
When registering with the state or federal level, MAH Advising can help with startup, or soon afterward. AUM matters affect advice registration with the SEC, or the states, if less than $100 million is at stake. Registration with the SEC is necessary for those with more than $100 million in AUM; those with less than $100 million are required to register with the states. In either case, registration requires submitting online the Form ADV, which asks a number of questions about the firm’s principals and leadership. As part of filing a Form ADV, a Part 2 brochure is also created and uploaded alongside the online filing. Filing these documents successfully depends on accuracy and adherence to the stringent requirements of regulators. A few basic steps that we can help your team complete, submit, and create your Part 2 brochure are as follows: We can assist you with completing as well as submitting these forms, creating a compliant Part 2, a RIA compliance consultant and guiding you through the entire process while dealing with regulators as needed.
In the case of entrepreneurs entering the market, we can assist the firm principals with the selection of an appropriate entity (for example, deciding whether to form as a corporation, partnership, or limited liability company), formation of the company, and drafting agreements or other regulation paperwork. Thus, MAH Advising, as outlined in our investment adviser compliance services section, can assist with a host of legal and RIA compliance services for companies, both large and small.
In addition, as a compliance consulting firm, we have helped a number of experienced investment advisers compliance consultants-including some with client assets worth tens of millions of dollars-move their business and resources from large corporate investment advisors to newly-established firms with their own operations. For such a scenario to be effective on day one, a compliance infrastructure must be quickly implemented. An adviser must not only file Form ADV and Part 2 brochures with regulatory agencies, but also engage custodians and other entities to assure that potentially hundreds of clients are seamlessly transferred from the previous firm to the new firm.
Moreover, MAH Advising is especially adept at advising on applicable registration exemptions, and will be able to advise you whether your company can avoid SEC or state (or both) registration entirely. The Advisers Act and its analogs in state governance legislation are deeply ingrained into our knowledge. Several specific advisers, such as private fund managers, venture capitalists, and other advisors, are exempt from federal laws under certain conditions. The majority of states also exempt advisers who don’t have more than a certain number of clients from de minimis exemptions. Exemptions are seldom easy to qualify for; they often depend on the mix of clients involved, where these clients are located, and the definition of the word “client” in the jurisdiction. With this in mind, MAH Advising takes the time to evaluate not only the specific laws the company is subject to, but also the specific operations it conducts.
MAH Advising understands the stress investment advisers as well as investment advisers compliance consultants are put under. The Advisers Act is only one of the many aspects of the profession that needs special attention. For the investor, this Act is a blessing as it helps keep at bay many fraudulent activities and allow investment advisers to operate in accordance with a code of conduct. In recent times, there has been an increase in the number of investors that has directly led to an increase in the number of investment advisers and firms. This influx has forced the SEC to impose rules and regulations with more aggression than the past.
To keep up with these changes, investment advisers ought to have compliance policies and procedures in place that are clearly published to keep operations in check and to prevent the misfortune of regulatory scrutiny. Any time the SEC steps in with the pretext of non-conformation to the Advisers Act, your firm and reputation can suffer irreparable damage.
Also, to the time and expense required to become an investment adviser, we are aware of the way this can significantly affect an investment adviser compliance services’ ability to manage client money well. You can, therefore, be assured that if an eligible exemption is available, we will locate it for you.
Compliance services offered:
At MAH Advising, we have something for every kind of investment advisor. Following are the services we are currently offering to various firms:
In these challenging times, MAH Advising is offering the services of its expert compliance advisers who have years of work experience in the industry and stay up-to-date with the latest additions and alterations to the rules and regulations set out by SEC, FINRA and other supervisory bodies. With our compliance consultants working for your firm, you can reduce the number of on-site staff needed for regulation and focus more on increasing productivity by leaving your RIA compliance services concerns and other investment adviser compliance services to us.
Disclaimer: We are consultants, not lawyers, this is not legal advice. We work with the top law firms when the practice of law is required.