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
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Investment advisers are responsible for filing Form ADV Part
On September 6th, the U.S. Securities and Exchange Commission issued a Risk Alert, providing investment advisers with information regarding the Division of Examination’s process by which they select advisers for examination. The Division also included an attachment that mirrors the Division’s typical initial request for documents and information.
The staff shared the following reasons
Investors seeking EB-5 status in the United States often turn to an attorney specializing in Immigration Law to draft the necessary petitions and disclosure documents. However, it is very important that the attorney also have an understanding of applicable securities laws. The EB-5 program allows eligible foreign investors and their immediate families to obtain U.S.
Investors who wish to acquire permanent residence in the United States may seek such status by applying to the United States Citizenship and Immigration Services agency (“USCIS”) for a foreign investor visa. The U.S. Congress created this immigrant visa category (EB-5) to benefit the U.S. economy by providing an incentive for foreign capital investment in
