More On Legal & Compliancefrom The Advisor's Professional Library
- The New and Improved Form ADV Whether an RIA is describing its investment strategy in advertisements or in the new Form ADV Part 2, it is important the firm articulates material risks faced by advisory clients and avoids language that might be construed as a guarantee.
- Privacy Policies and Rules Whether an RIA is SEC or state-registered, the firm must have policies and procedures in effect to protect clients privacy. Policies and procedures should explicitly require an RIA to send out its privacy notice each year.
After the Minnesota Department of Commerce Securities Unit announced it would waive requirements that investment advisor representatives (IARs) who were employed as of Aug. 1 have a Series 65 or 66 license, FSI released a statement calling the move a “regulatory victory” for IARs.
Advisors who are already working can register in Minnesota without taking an exam. IARs who were not working before Aug. 1 will have to sit for the exam to register with the state, but they’ll have a grace period between Nov. 1 and the end of January to register.
FSI noted that it had met with the department to offer guidance on how best to implement the licensing requirement. “FSI members demonstrated that IARs who were providing investment advice in Minnesota prior to the requirement are well qualified by virtue of their experience and encouraged the department to waive the exam requirement for existing IARs and those with certain designations,” according to FSI.
“We appreciate the department’s willingness to work with us and our members and for its careful consideration of our comments and input,” the agency continued in its statement. “This is yet another example of how collaboration between regulators, the industry and investors leads to efficient solutions for all parties.”
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