WHAT IS A REGISTERED INVESTMENT
ADVISER?
AND
HOW DO I SET UP A REGISTERED INVESTMENT ADVISER
FIRM?
Definition:
A Registered Investment Adviser ("RIA") is an entity
who, for compensation (in any form), engages in the business of advising others,
either directly or indirectly, of the value of securities or of the advisability
of investing in securities. They receive a management fees and do not receive
commissions ("RIAs receive fees, stockbrokers receive commissions"). Incentive
fees can be charged if certain conditions are met.
To become an Registered Investment Adviser you must
register with the Securities and Exchange Commission (SEC), if you manage $25
million or more. If you manage less than $25 million you are still under the
regulatory control of the Securities and Exchange Commission but you must
register with the State Securities Commission (or other regulatory agency) in
your state of domicile and with each state where you will solicit business
(subject to "diminimus" exemptions).
Usually, Investment Adviser Representatives ("IARs")
of any Investment Adviser must register in each state they solicit or do
business in.
Registration as a Registered Investment Advisor is
oftentimes a prerequisite to setting up a Hedge Fund. RIA's also often
register as a Commodity Trading Advisor.
Exam Requirements:
There is no exam requirement by the Securities and
Exchange Commission at the federal level for the RIA entity. "IARs" (Investment
Advisor Representatives), however, may have to pass an exam; each state has its
own specific requirements.
Although State requirements are becoming more
uniform, you must contact the respective state agency that supervises investment
advisers; ask them for the proper registration forms and procedures, and which,
if any, exam is required.
The state agency will provide the test application
form (generally a "U-4" or a "U-10" form) along with a registration packet for
your completion.
Generally, states require NASAA's Series 65 Uniform
Investment Adviser exam. Some states require the principal of the RIA to pass
the exam with a score greater than 70%.
An alternative to the Series 65 is the combination
of the Series 7 and Series 66 exams. The Series 66 is only good in
conjunction with the Series 7; most states will not sponsor a candidate for the
Series 7. The 7/66 combination is generally used by an employee of a brokerage
firm who is also registering as an investment adviser. Essentially, the Series
66 equals the combination of the Series 65 and Series 63 exams.
A sponsor is not required to take either the 65 or
66 exams -- but just passing the exam is only one step in the procedure. You
must complete the registration process before you can solicit accounts! Note
that the Series 66 is not valid until you pass the Series 7 exam.
Exams are administered Monday through Friday on
computers by the Prometric and Pearson VUE testing centers located in cities
throughout the U.S. and in certain overseas locations.
The exam requirement may be waived if the applicant
holds certain professional designations, i.e., Certified Financial Planner
(CFP), Accredited Personal Financial Specialist (APFS), Chartered Financial
Consultant (ChFC), Chartered Financial Analyst (CFA), or Chartered Investment
Counselor (CIC).
If you are going to register in more than one state
you must meet the minimum requirements of each state.
Click here
to order Series 65 study program
Need a test application form U-10?
Click here
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