Client Communication: Rapid Fire
Chapters in this video
- 0:00 Silence as fraud, the omission trap
- 1:32 Form ADV Part 2A delivery timing
- 2:12 Annual rules: 90 days filing, 120 days delivery
- 3:22 Registration language and loss guarantee prohibitions
- 4:43 Performance fees and the qualified client threshold
- 5:56 Fulcrum fee versus BDC 20% cap
- 6:35 Advisory contract assignments and consent rules
- 7:11 SEC Marketing Rule, testimonials, and promoter agreements
- 8:22 Performance ad periods and 5-year retention
- 8:55 Rapid-fire exam recap
What this video covers
- Why omitting a material fact is legally equivalent to a false statement under the adviser's full and fair disclosure standard, and how broker-dealers differ
- The two valid timing options for delivering Form ADV Part 2A and the 5-business-day free-look right
- Why the 90-day filing rule for regulators and the 120-day client-delivery rule are not the same number, and how the annual brochure process works for both state and SEC advisers
- Why registration is never endorsement or approval, why the Series 66 is a license not a certification, and why loss guarantees are universally prohibited
- What makes a qualified client for performance fees, the $1.4 million AUM and $2.7 million net worth thresholds, and the residential real estate exclusion
- The fulcrum fee versus the BDC performance-fee exception, including the $1 million contract threshold and the 20% realized-gains cap
- What counts as an assignment, when client consent is required versus mere notification, and the minority-interest-member exception
- How the SEC Marketing Rule replaced the old advertising prohibition on testimonials, the promoter agreement de minimis exception, the 1-5-10 year performance display rule, and the 5-year record-retention timeline with first-two-year storage
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 66 course also includes adaptive practice questions and spaced-repetition flashcards.