Investment Adviser Regulation: Rapid Fire
Chapters in this video
- 0:00 The ABC test: all three prongs or nothing
- 2:07 Exclusions versus exemptions: the trap that steals points
- 3:48 De minimis: dual conditions and the place-of-business kill switch
- 5:01 AUM registration rules and the $90M/$110M buffer
- 6:35 Mutual fund contracts, notice filing, and antifraud for everyone
- 7:50 Rapid-fire exam recap
What this video covers
- The three cumulative prongs of the ABC test, and why missing any single prong means a person is not an investment adviser (IA)
- How the compensation prong is satisfied by indirect economic benefits, including third-party referral fees that never touch the client
- The critical distinction between excluded persons (not an IA at all) and exempt persons (an IA who skips registration), with L.A.T.E. and the broker-dealer / publisher / bank exclusions as concrete examples
- Why the de minimis exemption dies the instant an adviser opens a place of business in a state, regardless of client count, and why only retail clients count toward the 5-or-fewer cap
- The AUM registration ladder, including the state-only under $25 million band, the mid-size $25 million to $100 million state-registration zone, the $100 million to $110 million eligibility window, and mandatory SEC registration at $110 million
- How the $90 million / $110 million buffer prevents regulatory ping-pong, and why mutual fund advisory contracts bypass the entire AUM test for federal covered status
- The notice-filing obligation for federal covered advisers, the 6-or-more client trigger, and why antifraud authority applies to everyone with no exceptions
Read the full lesson, free
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