The New York Attorney General announced on Dec. 1, 2020, amendments to the New York Investment Advisory Act that will require many investment advisor representatives (IARs) to register with the State of New York. If you render investment advice within or from the State of New York, now is the time to begin reviewing the rule and your registration obligations.
This new law applies even if you previously filed a NY-IAQ on behalf of a state-registered investment advisor.
Beginning on Feb. 1, 2021, IARs of state-registered and Securities and Exchange Commission-registered investment advisors are required to meet examination and registration requirements with the State of New York. The rules will impact firms with IARs and/or solicitors in New York, including firms principally located in other states but maintain a New York branch office and/or solicitor(s).
IARs of State-Registered Advisors: Under the rules, an IAR of a state-registered firm is defined as "a natural person representing an investment adviser or solicitor in doing any of the acts that define an investment adviser."
Those acts generally include engaging in the investment advisory business within or from the State of New York. In addition, all principals and supervisors of New York-registered advisors must be registered, unless a registration exemption applies.
IARs of SEC-Registered Advisors: For individuals acting on behalf of SEC-registered firms from a place of business in New York, the rules defer to the federal definition of IAR.
Solicitors of State-Registered Advisors: "Solicitors" are defined under the rules as: "…a person who as part of a regular business, engages in the business of providing investment advice to the limited extent that such person receives compensation for introducing a prospective investor or investors to [a state-registered] investment adviser or a federally covered investment adviser."
Solicitors for state-registered investment advisors generally will need to be registered as an IAR with an investment advisor or will otherwise need to individually file a Form ADV and Form U4 for their solicitation activities.
Solicitors of SEC-Registered Advisors: "Affiliated solicitors" (solicitors under the supervision and control of the advisor) only can be compelled to register if they have a place of business in New York and meet the definition of IAR under the federal definition.
