Lawyer-Led State and SEC RIA Registration, and Due Diligence
Guardian will help you navigate every step of the registration process, offering hands-on assistance with complex regulatory issues. Guardian advises you on how to avoid common mistakes, speeding up your registration, regulatory review, and approval process.
Each state has a unique set of securities regulations and form requirements. Guardian understands the state-to-state nuances and will help guide you through the process.
Investment advisers who have more than $100 million assets under management are required to register with the Securities Exchange Commission.
Both SEC and state RIAs are required to file Form ADV. Based on your desired or current practices, business model and regulatory requirements, Guardian assists in properly filling out your Form ADV.
FINRA operates the Investment Adviser Registration Depository (IARD), an electronic filing system that facilitates investment adviser registration, exempt reporting adviser filing, regulatory review, and the public disclosure information of investment adviser firms. Guardian will assist you in establishing your IARD account and will submit your regulatory filings through IARD.
Guardian is regularly engaged by broker dealers and registered investment advisors to perform independent due diligence and to draft “sponsor reports” and “deal reports” for alternative investment offerings.
Ongoing RIA Compliance
Guardian offers on-going, individualized compliance services and access to legal advice specific to your firm’s individual needs. Our compliance services support a variety of business models, practices and budgets specific to the needs of the registered investment advisers.
Written Supervisory & Compliance Policies and Procedures
On February 5, 2004, the United States Securities and Exchange Commission adopted SEC Rule 206(4)-7 of the Investment Advisers Act of 1940 requiring SEC registered investment adviser firms to adopt and implement written supervisory and compliance policies and procedures and to designate a chief compliance officer to administer its compliance policies and procedures. The requirement of whether a state registered investment adviser must maintain written compliance policies and procedures varies from state to state. Guardian will assist and advise with the creation and implementation of this document.p>
Mock SEC or State Audits
By performing mock audits, Guardian prepares your firm for SEC and state examinations. Our legal staff stays current with all SEC and state regulations to assure you avoid unpleasant surprises.
Marketing and promotional materials (including websites and social media) can be key to growing your business. Guardian reviews all marketing communications to ensure compliance with applicable regulatory requirements. We also speed-up development of marketing materials by providing you with model disclosures and written policies and procedures related to your website or other forms of advertising.
Annual Renewals and Year-end Regulatory Obligations
Firm and IAR Registrations Notice Filings and Terminations
Guardian facilitates the registration as well as termination of investment adviser representatives. Our services also include identifying and facilitating all of your firm’s state notice filings.
SEC Form 13F Filings
Guardian assists with filing Form 13F, which is a required quarterly filing for investment managers with over $100 million or more in qualifying assets. This form must be filed within 45 days of the end of each quarter and contain information about the reporting entity as well as a listing of recent investment holdings.
Unlike many RIA registration services, Guardian offers ongoing legal consultation to all clients. Our attorneys go beyond compliance and registration law to provide legal insight and advice that may affect the long-term profitability of your business operations.
Corporate Entity Structuring
Establishing the correct business entity (e.g., LLC vs. S-Corp) can provide many tax and operational efficiencies for your firm. Because these advantages vary from state to state, Guardian can help you decide which entity is the best fit for your firm.
In certain circumstances, it might be wise to put RIA clients into a pooled vehicle. There are significant efficiencies generated with such a mechanism. Guardian can help you decide if this is right for your firm.