Securities firms recommend or manage investments for their clients
are sometimes referred to as “Brokers,”
“Broker-Dealers,” “Investment Advisors,” or
“Registered Investment Advisors.” These firms are required
to register either with the states or with the U.S. Securities and
Exchange Commission (SEC) (http://www.sec.gov). This article focuses on
how to find online information related to these legally required
registrations. For additional information on registration and
licensing, see the links listed at the bottom of this page.
To register with the SEC and with many of the states, brokers and
investment advisory firms use Form ADV. Form ADV contains required
disclosure information on these registered investment firms and their
operations. According to regulations, Form ADV must be kept up-to-date,
and it must contain disciplinary information about the firm and its key
personnel.
In most cases, laws and regulations require SEC registered firms to
do on-line filing and updating of Form ADV. These completed on-line
Form ADVs are maintained by the SEC’s Division of Investment
Management in a publicly accessible, on-line electronic filing system
called the Investment Adviser Registration Depository (IARD). The IARD
is described below.
The states may also utilize the IARD on-line Form ADV registration
process to register advisory firms at the state level. If an advisory
firm is required to register with a particular state in some format,
such as hardcopy, that state may only encourage and not require an
advisory firm to utilize on-line registration via the IARD system.
Since a state’s IARD registration may be voluntary, you may not
find a firm’s registration information online. For such advisory
firms, you might obtain a hardcopy of their up-to-date Form ADV
directly from the advisory firm itself.
Advisory firms have no good reason not to provide their up-to-date
Form ADV to you. They may be legally compelled to do so. Any hesitation
on their part could be an indication of the degree of openness they use
when they conduct business with their clients and an indication of
other potential problems.
The IARD homepage is at http://www.sec.gov/IARD. As of July 2005,
the IARD site stated that, “since September 25, 2001, investors
have had Internet access to information contained in Form ADV
electronic filings made by investment advisers on
www.adviserinfo.sec.gov. This new (IAPD) website was launched by the
SEC and NASAA (http://www.nasaa.org) to provide clients and prospective
clients of advisers with direct access to Form ADV filings made by the
approximately 7,800 SEC registered advisers and 8,200 state-registered
advisers who file Form ADV through IARD. This electronic database will
expand significantly because increasing numbers of state-registered
advisers are switching to electronic filing each day."1
Note that as of July 2005, the IARD provided information on registered investment advisory firms,
such as a corporations, sole proprietorships, partnerships, limited
liability partnerships, limited liability companies, or other forms of
organization. The IARD may contain information about individual
principals who file as one of these types of firms.
As of July 2005, the IAPD did not contain information about
non-principal employees of these firms. The SEC stated, “in the
future investors may be able to access information about "investment
adviser representatives."”2 If you are seeking information on individual advisors
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