Any CPA who meets the definition of an investment adviser and is not excepted is subject to the anti-fraud provisions of the
Investment Advisers Act of 1940.
The Voya adviser affiliates agreed to be censured and consented to the entry of the SECs order finding that they willfully violated Sections 206(2) and 206(4) of the
Investment Advisers Act of 1940, and Rule 206(4)-8.
Interpreting the
Investment Advisers Act of 1940, the court spurned the argument made by convicted defendant James Tagliaferri and said intent to harm is not an element of a criminal conviction under the statute.
Congress passed the
Investment Advisers Act in 1940 to regulate anyone who manages money for the public.
Sierra is externally managed by SIC Advisors LLC, which is an investment adviser registered under the
Investment Advisers Act of 1940, as amended.
The SECs order finds that SunTrust violated Sections 206(2), 206(4) and 207 of the
Investment Advisers Act of 1940 and Rule 206(4)-7.
The SEC complaint charges AAM with violations of the antifraud provisions of the
Investment Advisers Act of 1940 and related rules as well as violations of Section 207 of the Advisers Act by failing to disclose BFG's ownership interest in the Form ADV filed with the SEC.
"It could relieve them of the burden of dual regulation and would solve the problems of applying many of the ambiguous registration requirements under the
Investment Advisers Act of 1940." Andrews said the Senate bill was an improvement on past proposals that explicitly extended federal registration requirements to financial planners and permitted private rights of action against registrants.
DoubleLine Capital LP, a registered investment adviser under the
Investment Advisers Act of 1940, acts as the investment adviser for the Fund.
The SECs complaint, filed in Trenton, New Jersey, charges Newsholme with violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1) and 206(2) of the
Investment Advisers Act of 1940.
Thanks to the
Investment Advisers Act of 1940, financial advisors have been included among the professionals whose specialized knowledge and vital services require a higher "fiduciary" standard as well.
They really want to know if the individual is registered with the Securities and Exchange Commission as an investment adviser under the
Investment Advisers Act of 1940.