Exclusions from the Investment Adviser Definition
Chapters in this video
- 0:00 Exclusion versus exemption: the foundation
- 1:27 The seven exclusions and the bank holding company trap
- 2:26 L.A.T.E. professionals and the solely incidental standard
- 4:05 Broker-dealers and the special compensation test
- 5:12 Publishers and the impersonal advice dividing line
- 6:08 Federal covered advisers and remaining state power
- 6:47 Rapid-fire exam recap
What this video covers
- The difference between an exclusion (not an investment adviser at all) and an exemption (an investment adviser excused from registration but still subject to antifraud provisions)
- The L.A.T.E. professions (lawyers, accountants, teachers, engineers) and why advice must be solely incidental to their primary practice with no special compensation
- Why holding yourself out as a financial planner or charging a separate fee for advice destroys the professional exclusion instantly
- The broker-dealer two-part test: solely incidental advice plus no special compensation, and why a separate financial planning fee is fatal
- The publisher exclusion and the impersonal versus personalized dividing line, including why a "newsletter" label does not save tailored advice
- Why banks, savings institutions, and trust companies are excluded but bank holding companies are not
- Federal covered advisers registered with the Securities and Exchange Commission (SEC) and what state authority still applies (notice filing, investment adviser representative registration, antifraud enforcement)
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