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If a commodity trading advisor engages in significant advisory activities regarding securities, it could be required to register under the Investment Advisers Act of 1940 (Advisers Act). However, most commodity trading advisors are able to rely on an exemption from registration set forth in Section 203(b)(6) of the Advisers Act.
The law provides in part: § 80b–1. Findings Upon the basis of facts disclosed by the record and report of the Securities and Exchange Commission made pursuant to section 79z–4 of this title, and facts otherwise disclosed and ascertained, it is found that investment advisers are of national concern, in that, among other things—
In the US, The Securities and Exchange Commission oversees principal trading at registered advisors and funds for compliance with Investment Company Act of 1940 [Section 17(a)] and with the Investment Advisers Act [Section 206(3)]. The SEC can take enforcement action if it suspects improper activities or lack of appropriate disclosures. [2]
The U.S.'s Dodd-Frank Wall Street Reform Act was passed in July 2010 [4] [94] and requires SEC registration of advisers who manage private funds with more than US$150 million in assets. [ 212 ] [ 213 ] Registered managers must file Form ADV with the SEC, as well as information regarding their assets under management and trading positions. [ 214 ]
(Reuters) -A U.S. appeals court has halted enforcement of an anti-money laundering law that requires corporate entities to disclose the identities of their real beneficial owners to the U.S ...
An IA must adhere to a fiduciary standard of care laid out in the US Investment Advisers Act of 1940.This standard requires IAs to act and serve a client's best interests with the intent to eliminate, or at least to expose, all potential conflicts of interest which might incline an investment adviser—consciously or unconsciously—to render advice which was not in the best interest of the IA ...
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Gary Gensler is set to leave his post in just a month’s time, but the controversial chair of the Securities and Exchange Commission is continuing his agency’s aggressive campaign against the ...