Custody Definition and Obligations

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What this video covers

  • What triggers custody status, including why fee deduction from a client account equals custody even when the adviser never holds the full assets
  • The four types of qualified custodians and why the custodian must send quarterly statements directly to clients rather than through the adviser
  • How the surprise examination works: irregular timing chosen by the certified public accountant (CPA), direct client contact, and the 120-day filing window for Form ADV-E
  • The audit exception for pooled investment vehicles: Generally Accepted Accounting Principles (GAAP) audit plus distribution to investors within 120 days of fiscal year-end
  • The critical distinction between Form ADV (the adviser's registration and custody disclosure) and Form ADV-E (the surprise examination cover page filed by the CPA)
  • The three-tier minimum net worth structure: $35,000 for custody, $10,000 for discretion without custody, and positive net worth for prepaid fees of $500+ more than six months in advance
  • Why the adviser's firm net worth matters and the client's net worth never does, no matter how wealthy the client

Read the full lesson, free

This video's complete written lesson is free to read in the CertFuel app, no signup wall. The complete Series 65 course also includes adaptive practice questions and spaced-repetition flashcards, free through December 31, 2026.

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