In order for a UK wealth manager or family office to provide their
services to US clients (US Persons) living in the US or abroad, they
are required to register with the Securities and Exchange Commission in
the US as an investment advisor (SEC). The registration enables the UK SEC RIA to communicate freely with American clients, travel to the
US on business without restrictions, and promote their wealth
management services on US soil.
Investment advisors generally are
regulated by the SEC or state securities authorities. The SEC typically
regulates investment advisors (RIAs) that have assets under management
in excess of USD 100,000,000. Investment advisors that do not meet this
threshold generally are regulated by the states. The SEC registers
investment advisor firms but does not separately register individual
representatives of investment advisor firms. The states register
investment advisor firms, and many separately register individual
investment advisor representatives.
Both the SEC and the states
may require certain investment advisors to hedge funds, venture capital
funds, and other private funds that are not required to be registered
(Exempt Reporting Advisors) to instead file reports with them. SEC
Registration Form ADV has two parts.
There is no specific level of
skill or training required to become “registered” and the information
in the brochures has not been approved or verified by the SEC, any state
securities authority, or any other governmental body.
TAKE A CLOSE LOOK AT FORM ADV PART 1, PART 2, AND PART 3
Part 1 contains information about the advisor's business and whether the advisor has had problems with regulators or clients.
Part
2 sets out the minimum requirements for a written disclosure statement,
commonly referred to as the “brochure,” which advisors must provide to
prospective clients initially and to existing clients annually.
The
brochure describes, in a narrative format, the advisor’s business
practices, fees, conflicts of interest, and disciplinary information.
Before you hire an investment advisor, always ask for and carefully read
all parts of the Form ADV.
Part 3 - Form CRS
Every firm
that offers services to a retail investor must file a relationship
summary with the SEC and deliver it to each retail investor. A retail
investor is a natural person, or the legal representative of such
natural person, who seeks to receive or receives services primarily for
personal, family, or household purposes.
The relationship summary
is designed to assist retail investors with the process of deciding
whether to (i) establish an investment advisory or brokerage
relationship, (ii) engage a particular firm or financial professional,
or (iii) terminate or switch a relationship or specific service.
On
June 5, 2019, the SEC adopted Form CRS and new rules, as well as
amendments to its forms and rules, under both the Investment Advisors
Act of 1940 (“Advisors Act”) and the Securities Exchange Act of 1934
(“Exchange Act”).