Investment advisers representatives operating in global markets may find themselves or their clients unexpectedly subject to an INTERPOL Red Notice. These notices, often misunderstood as international arrest warrants, can have significant consequences, including travel restrictions, reputational damage, and banking difficulties. Addressing and correcting erroneous or politically motivated Red Notices is a critical legal process that
The Trump administration’s return to power in 2025 has initiated significant shifts within the U.S. Securities and Exchange Commission (SEC), directly influencing investment advisers registered with the agency. A notable change is the appointment of Paul Atkins as the new SEC Chairman, signaling a move towards more business-friendly regulatory policies. The concept of “business friendly
U.S. President Donald Trump has proposed a new “Gold Card” visa initiative. This new program would offer a pathway to U.S. citizenship for foreign nationals willing to invest $5 million, and would effectively replace the EB-5 program established in 1990. The primary motivation behind the Gold Card proposal seems to be reducing the
On August 28, 2024, the Financial Crimes Enforcement Network (FinCEN) issued a final rule to protect the U.S. financial system from illicit activity in the investment adviser sector. This rule targets criminals, foreign adversaries, and others attempting to exploit investment advisers to launder money or finance terrorism.
The rule requires certain registered investment
On June 27, 2024, Northern Rockies Regional Center, LLC received a “Notice of Intent to Terminate” from the United States Citizen and Immigration Services (USCIS) due to the non-payment of its 2024 EB-5 Integrity Fund fee by December 30, 2023. On July 15, Northern Rockies sued, claiming the notice violated the 2022 Reform and Integrity
The EB-5 Immigrant Investor Program offers foreign nationals a pathway to U.S. residency through investment. Through the program, there are two investment options: direct investment and regional center investment. Both pathways aim to stimulate the U.S. economy through job creation, but they differ in their structure and requirements.
EB-5 Direct Investment
In a direct EB-5
At times, people ask me whether there is one state in particular that is optimal for investment adviser registration purposes. I am quick to point out that the requirement to register an investment adviser in a certain state depends on whether the investment adviser maintains its principal office and place of business (“popb”) in the
Over the past few years, I have been asked a handful of times whether a registered investment adviser may outsource the role of the Chief Compliance Officer. While there are compliance firms that offer such a service, I personally discourage registered investment advisers from outsourcing their CCO.
Rule 206(4)-7 (the “Compliance Rule”) under the Investment
Each year, registered investment advisers and exempt reporting advisers are required to draft their annual updating amendment and file it within 90 days of their fiscal year end, which in most cases is March 31st.
Responses to all items must be updated, and failure to file the annual amendment can lead to revocation of the
[The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this site may not constitute the most up-to-date legal or other information.]
Investment advisers are responsible for filing Form ADV Part
