[Federal Register Volume 64, Number 8 (Wednesday, January 13, 1999)]
[Rules and Regulations]
[Pages 2120-2121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-738]


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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 279

[Release No. IA-1733A; File No. S7-28-97]
RIN 3235-AH22


Technical Changes to Schedule I to Form ADV

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; technical changes to a form.

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SUMMARY: The Commission is making technical changes to Schedule I to 
Form ADV, referenced in 17 CFR 279.1. Schedule I is the form on which 
investment advisers declare their eligibility for Commission 
registration. Schedule I to Form ADV was published Thursday, May 22, 
1997 (62 FR 28112), under the Investment Advisers Act of 1940. 
Amendments to Schedule I to Form ADV were published Friday, July 24, 
1998 (63 FR 39708), under the Advisers Act.

EFFECTIVE DATE: The rule amendments will become effective on January 7, 
1999.

FOR FURTHER INFORMATION CONTACT: Arthur Laby, Special Counsel, at (202) 
942-0716, Task Force on Investment Adviser Regulation, Division of 
Investment Management, Securities and Exchange Commission, 450 Fifth 
Street,

[[Page 2121]]

NW, Mail Stop 5-6, Washington, DC 20549.

I. Supplementary Information

    Under section 203A of the Investment Advisers Act of 1940 
(``Advisers Act''), the Commission has regulatory responsibility for an 
investment adviser that has at least $25 million of assets under 
management or advises a registered investment company. The Commission 
also has responsibility for an adviser that has less than $25 million 
of assets under management, if its principal office and place of 
business is in a state that has not enacted investment adviser 
legislation.\1\ An adviser with its principal office in one of those 
states must indicate its eligibility for Commission registration on 
Schedule I of Form ADV.\2\
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    \1\15 U.S.C. 80b-3a.
    \2\ 17 CFR 279.1. Under rule 203-1 (17 CFR 275.203-1), an 
adviser must file Schedule I to Form ADV with its initial 
application for Commission registration, and under rule 204-1 (17 
CFR 275.204-1), an adviser must file Schedule I to Form ADV with 
annual amendments to Form ADV.
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    Colorado and Iowa recently passed investment adviser statutes, 
which became effective on January 1, 1999. An adviser that has its 
principal office and place of business in Colorado or Iowa, therefore, 
may not register with the Commission unless it has at least $25 million 
of assets under management, advises an investment company, or qualifies 
for an exemption under rule 203A-2.\3\ Last July, the Commission 
adopted certain amendments to Schedule I to Form ADV.\4\ The Commission 
today is making additional technical changes to Schedule I and the 
Instructions to Schedule I to reflect enactment of the Colorado and 
Iowa legislation.
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    \3\ 17 CFR 275.203A-2.
    \4\ See Exemption for Investment Advisers Operating in Multiple 
States; Revisions to Rules Implementing Amendments to the Investment 
Advisers Act of 1940; Investment Advisers with Principal Offices and 
Places of Business in Colorado or Iowa, Investment Advisers Act 
Release No. 1733 (July 17, 1998) (63 FR 39708 (July 24, 1998)).
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    New advisers (i.e., those advisers that are not currently 
registered with the Commission) that have their principal place of 
business in Colorado or Iowa that are not eligible for Commission 
registration (e.g., because they do not have at least $25 million of 
assets under management) must now register with Colorado or Iowa.\5\ 
Advisers currently registered with the Commission solely because their 
principal office and place of business is located in Colorado or Iowa 
must withdraw from Commission registration no later than 180 days after 
the end of their fiscal year.\6\
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    \5\ In addition, advisers ineligible for Commission registration 
that have their principal office in Colorado or Iowa may be required 
to register in another state, if they have six or more clients that 
are residents of that state or have a place of business in that 
state. See Advisers Act section 222(d) (15 U.S.C. 80b-22(d)).
    \6\ Under rule 204-1(a) (17 CFR 275.204-1), an adviser is 
required to file its annual amendment to Form ADV within 90 days of 
the end of its fiscal year. Under rule 203A-1(c) (17 CFR 275.203A-
1(c)), an adviser that is no longer eligible for Commission 
registration must withdraw from Commission registration within 90 
days from the date the adviser was required to file its amended Form 
ADV. See also Schedule I to Form ADV, Instruction 6 (17 CFR 279.1).
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II. Certain Findings

    Under the Administrative Procedure Act (``APA''), notice of 
proposed rulemaking is not required when the agency, for good cause, 
finds ``that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.'' \7\ The Commission 
is making technical changes to Schedule I to Form ADV to accommodate 
new legislation in Colorado and Iowa. The Commission, therefore, finds 
that publishing the changes for comment is unnecessary.
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    \7\ 5 U.S.C. 553(b).
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    Publication of a substantive rule not less than 30 days before its 
effective date is required by the APA except as otherwise provided by 
the agency for good cause.\8\ For the same reasons described above with 
respect to notice and opportunity for comment, the Commission finds 
that there is good cause for making these technical changes effective 
on January 7, 1999.
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    \8\ 5 U.S.C. 553(d).
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List of Subjects in 17 CFR Part 279

    Reporting and recordkeeping requirements; Securities.

    Accordingly, 17 CFR part 279 is amended as follows:

PART 279--FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 
1940

    1. The authority citation for part 279 continues to read as 
follows:

    Authority: The Investment Advisers Act of 1940, 15 U.S.C. 80b-1, 
et seq.

    2. By amending Schedule I to Form ADV (referenced in Sec. 279.1) to 
remove all references to ``Colorado'' and ``Iowa'' and by amending the 
Instructions to Schedule I to Form ADV (referenced in Sec. 279.1) to 
remove references to ``Colorado'' and ``Iowa'' and to remove the second 
paragraph under ``Instruction 3.''

    Note: The text of Schedule I to Form ADV (Sec. 279.1) does not 
and the corrections will not appear in the Code of Federal 
Regulations.

    Dated: January 7, 1999.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 99-738 Filed 1-12-99; 8:45 am]
BILLING CODE 8010-01-U