Registered Investment Advisers (SEC & State Specific)

Malik Law Group's services regarding investment adviser compliance and registration include:

  • Determining an adviser's registration requirements under the Investment Advisers Act of 1940 and under various state investment adviser laws
  • Registering an adviser with the Securities and Exchange Commission or one or more U.S. state securities departments or divisions
  • Registering investment adviser representatives with one or more U.S. state securities departments or divisions
  • Registering solicitors for managed accounts as investment advisers
  • Serving as counsel in the completion and submission of the Form ADV, Part I and Part II (Advisory Brochure) and state-specific supplementary materials
  • Updating the adviser's Form ADV annually or as more frequently required
  • Drafting and reviewing sub-advisory contracts, investment management agreements, and consulting and solicitation agreements
  • Developing and implementing compliance programs, compliance manuals, codes of ethics, and regulatory controls and procedures
  • Reviewing advertising and marketing materials for compliance with disclosure and advertising regulatory compliance
  • Spearheading an adviser's preparation for, and response to, surprise audits or examinations by the Securities and Exchange Commission or state securities departments or divisions
  • Drafting no action or exemption letters on behalf of an adviser

In summary, Malik Law Group assists advisers and their representatives through the registration process and thereafter provides support in keeping the adviser compliant and their filings current.

Examples of Transactions:

  • Registering RIAs and handling correspondence with the SEC and state securities departments;
  • Representation of a RIA during the course of a SEC examination with a myriad of deficiencies and resolving the same;
  • Representation of a state investment adviser operating without proper registration and working with the state regulator to overcome this deficiency without monetary punishment and/or detriment to the adviser's business;
  • Providing advice as to requirements under and compliance with the new surprise audit rules under Dodd-Frank Wall Street Reform and Consumer Protection Act;
  • Providing advice regarding the charging of performance fees from certain clients;
  • Reregistering a state-registered investment adviser with the SEC; and
  • Registering state investment advisers with key states, including New York, Connecticut, Texas, and Nevada, among others.