Episode 2: Navigating the Investment Advisers Act
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If you’re an aspiring fund manager looking to launch a fund, in this episode, we explain how to navigate the Investment Advisers Act and related state laws. We break down why you need to register as an investment adviser or claim a valid exemption from registration, how to determine which regulatory authority has jurisdiction over your business, and how to analyze their investment adviser regulations.
Key Points From This Episode:
- The regulatory definition of an investment adviser.
- Why you need to register as an investment advisor or claim a valid exemption from this.
- How to determine who has jurisdiction over your business.
- How to analyze what these regulations say and what exemptions may be available to you.
- The two most common forms of investment adviser exemptions: de minimis exemptions and private fund exemptions.
- Additional requirements for managers to 3(c)(1) funds.
- The filing you need to make if you qualify for a private fund exemption.
- The three main benefits of claiming an exemption or qualifying for an exemption and avoiding registration.
- Drawbacks of an exemption.
Disclaimer:
This show is for informational purposes only. Nothing presented here constitutes legal advice. Tokens of Wisdom is produced by Dave Rothschild, partner at Cole-Frieman & Mallon LLP headquartered in San Francisco, California. For any questions, please email tow@colefrieman.com.
Links Mentioned in Today’s Episode:
Music by Joe Ginsberg; IG: @thejoeginsberg
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