On March 27, 2024, the Commission adopted amendments to rule 203A-2(e) for investment advisers relying on the exemption in rule 203A-2(e). In connection with the amendments to rule 203A-2(e) ("internet investment advisers"), the Commission amended Form ADV to conform certain instructions and definitions to the amended rule. The amendments to Form ADV require an adviser relying on the rule as a basis for registration to represent on Schedule D of its Form ADV that it has an operational interactive website. These amendments require internet investment advisers, as an initial matter and periodically thereafter, to provide an additional affirmative representation on Form ADV that more clearly notes the requirements of the exemption, thus reinforcing the conditions of the exemption for the internet investment adviser. The Commission uses the information on Form ADV to determine eligibility for registration and to manage regulatory and examination programs. Clients use the information required in Form ADV to determine whether to hire or retain an investment adviser.
US Code:
15 USC 80b-1
Name of Law: Investment Advisers Act of 1940
The estimated annual burden hours associated with Form ADV has decreased from 433,004 hours to 247,108.93 hours (a decrease of 185,895.07). In addition, the external cost burden associated with Form ADV has increased from $14,125,083 to $21,144,551.78 (an increase of $7,019,468.78). The changes in annual burden hours and external cost burden are due to updated data, a change in our approach to calculating the initial and ongoing burdens of completing Form ADV, and our amendments to Form ADV to require an adviser providing advisory services through the internet and relying on rule 203A-2(e) for Commission registration under the Investment Advisers Act of 1940 to represent on Part 1A, Schedule D of its Form ADV that it has an operational interactive website.
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Herman Brown 202 551-6110
Reginfo record details
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.