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Adviser Fined for Failing to File and Deliver Form CRS


ADVISER FINED FOR FAILING TO FILE AND DELIVER FORM CRS

 

The SEC fined and censured a registered investment adviser for failing to file
and deliver to clients its Form CRS.

An investment adviser that serves retail clients must file Part 3 of Form ADV
aka Form CRS (Customer Relationship Summary), deliver it to clients, and post it
on its website.  Advisers operating when the SEC adopted the rule had until June
30, 2020 to file Form CRS and until July 30, 2020 to deliver it to current
clients.   The SEC contacted the firm in October 2020 about its failure to
comply (and again in January 2021), but the firm did not take action until March
2021.  The Form CRS requires identifying information about the adviser or
broker-dealer, a description of the relationship and services, disclosure about
fees, costs, conflicts, and standard of conduct, and disciplinary information.

 

 

The SEC announced last year that it would conduct Regulation Best Interest and
Form CRS exams.  Our experience has been that the SEC has given warnings to
firms that have failed to file and deliver Form CRS.  We don’t expect that the
SEC will offer such clemency more than 18 months after the compliance date. 

Read SEC Order here.


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