We are adopting this amendment as proposed. For the purposes of this section -- 1 "Custody" means holding, directly or Accounting ia, client funds or securities, or having any authority to obtain possession of them. Accounting research Accounting research is research in the effects of economic events on the process of accounting, and the effects of reported information on economic events.
Finally, the amendments remove the Form ADV requirement that advisers with custody include an audited balance sheet in their disclosure brochure to clients. Accounting information system Many accounting practices have been simplified with the help of accounting computer-based software.
These estimated numbers therefore remain the same. The trader who holds the long position in the futures contract is usually bullish, while the trader shorting the contract is considered bearish.
Benefits Improved protection for advisory clients. Background Rule Accounting ia -2 regulates the custody practices of advisers registered under the Advisers Accounting ia. The amendments add a definition of "custody" to the rule and illustrate the circumstances under which an adviser has custody of client assets.
This is done most often in futures accounts to ensure that margin requirements are being met. Final Regulatory Flexibility Analysis The Commission proposed amendments to rule 4 -2, the custody rule under the Advisers Act, in a release issued on July 18, "Proposing Release".
In these cases, the mutual fund's transfer agent maintains Accounting ia securities for the client on the mutual fund's books. The new instruction specifies that advisers that have custody only because they deduct fees may answer "no" to Item 9.
The amended rule also defines "custody," incorporating a definition already used in Form ADV, and illustrates common circumstances under which an adviser has custody.
Commenters noted that, at times, a client or adviser may purchase shares of a mutual fund directly from the fund's transfer agent rather than through another intermediary such as a broker-dealer. We estimated in our Proposing Release that the amendments would generally reduce the paperwork burden for advisers.
In addition, we believe that most advisers that maintain custody of client assets, including advisers that are small entities, already maintain these assets with qualified custodians. A five-member board and many volunteers are responsible for the facility.
A acquired from the issuer in a transaction or chain of transactions not involving any public offering; B uncertificated, and ownership thereof is recorded only on books of the issuer or its transfer agent in the name of the client; and C transferable only with prior consent of the issuer or holders of the outstanding securities of the issuer.
By this compliance date, an adviser with custody of clients' funds and securities must ensure that those assets are kept in accounts with qualified custodians.
Therefore, the amendments will not materially increase the effort necessary on advisers' behalf to comply with the Commission's rules.
These costs are necessary for the protection of advisory clients and we estimated in the Proposing Release that they should be no greater, at an aggregate level, than the costs incurred under the current account statement delivery requirement. Consideration of Promotion of Efficiency, Competition, and Capital Formation Section c of the Advisers Act requires the Commission, when engaging in rulemaking that requires Accounting ia to consider or determine whether an action is necessary or appropriate in the public interest, to consider, in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation.
The amendments exempt advisers from the rule with respect to clients that are registered investment companies and exempt advisers to limited partnerships or other types of pooled investment vehicles from the account statement delivery requirement if the limited partnerships are subject to annual audit and distribute the audit results to their limited partners.
December through New Year's Day. For complete details on our services please visit our Services page. Effective Date The effective date of the amendments is November 5, In connection with the amended rule, the Commission considered the following alternatives: Last year we proposed comprehensive amendments to rule 4 The respondents are investment advisers seeking to register with the Commission or to update their registration.
In April ofhowever, the Financial Accounting Standards Board FASB voted on and approved new guidelines that would allow for the valuation to be based on a price that would be received in an orderly market rather than a forced liquidationstarting in the first quarter of Definition of Custody We have added to the rule a definition of the term "custody.
For the small group of advisers that cannot use the new approach and therefore must continue to undergo an annual surprise examination, 56 the amended rule requires the independent public accountant conducting the examination to advise the Commission of any material discrepancies it discovers in the examination.
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