17 C.F.R. § 275.203-1 : Commodity and Securities Exchanges — SECURITIES AND EXCHANGE COMMISSION — RULES AND REGULATIONS, INVESTMENT ADVISERS ACT OF 1940 —1 - Application for investment adviser registration

(a) Form ADV.
(1) To apply for registration with the Commission as an investment adviser, you must complete Form ADV ( 17 CFR 279.1 ) by following the instructions in the form and you must file Part 1A of Form ADV, the firm brochure(s) required by Part 2A of Form ADV and Form CRS required by Part 3 of Form ADV electronically with the Investment Adviser Registration Depository (IARD) unless you have received a hardship exemption under § 275.203-3. You are not required to file with the Commission the brochure supplements required by Part 2B of Form ADV.

Note 1 to paragraph (a)(1): Information on how to file with the IARD is available on the Commission's website at . If you are not required to deliver a brochure or Form CRS to any clients, you are not required to prepare or file a brochure or Form CRS, as applicable, with the Commission. If you are not required to deliver a brochure supplement to any clients for any particular supervised person, you are not required to prepare a brochure supplement for that supervised person.

(2)
(i) On or after June 30, 2020, the Commission will not accept any initial application for registration as an investment adviser that does not include a Form CRS that satisfies the requirements of Part 3 of Form ADV.
(ii) Beginning on May 1, 2020, any initial application for registration as an investment adviser filed prior to June 30, 2020, must include a Form CRS that satisfies the requirements of Part 3 of Form ADV by no later than June 30, 2020.
(b) Transition to electronic filing. If you apply for registration after January 1, 2011, you must file a brochure(s) that satisfies the requirements of Part 2A of Form ADV electronically with the IARD, unless you have received a continuing hardship exemption under §275.203-3.

Note to paragraphs ( a ) and ( b ): Information on how to file with the IARD is available on the Commission's Web site at . If you are not required to deliver a brochure to any clients, you are not required to prepare or file a brochure with the Commission. If you are not required to deliver a brochure supplement to any clients for any particular supervised person, you are not required to prepare a brochure supplement for that supervised person.

(c) When filed. Each Form ADV is considered filed with the Commission upon acceptance by the IARD.
(d) Form ADV-NR -
(1) General Requirements. Each non-resident, as defined in 17 CFR 275.0-2(b)(2) (Rule 0-2(b)(2)), general partner or a non-resident managing agent, as defined in 17 CFR 275.0-2(b)(2) (Rule 0-2(b)(1)), of any investment adviser registered, or applying for registration with, the Commission must submit Form ADV-NR ( 17 CFR 279.4 ). Form ADV-NR must be completed in connection with the adviser's initial registration with the Commission. If a person becomes a non-resident general partner or a non-resident managing agent after the date the adviser files its initial registration with the Commission, the person must file Form ADV-NR with the Commission within 30 days of becoming a non-resident general partner or a non-resident managing agent. If a person serves as a general partner or managing agent for multiple advisers, they must submit a separate Form ADV-NR for each adviser.
(2) When an amendment is required. Each non-resident general partner or a non-resident managing agent of any investment adviser must amend its Form ADV-NR within 30 days whenever any information contained in the form becomes inaccurate by filing with the Commission a new Form ADV-NR.
(3) Electronic filing. Form ADV-NR (and any amendments to Form ADV-NR) must be filed electronically through the Investment Adviser Registration Depository (IARD), unless a hardship exemption under 17 CFR 275.203-3 (Rule 203-3) has been granted.
(4) When filed. Each Form ADV-NR is considered filed with the Commission upon acceptance by the IARD.
(5) Filing fees. No fee shall be assessed for filing Form ADV-NR through IARD.
(6) Form ADV-NR is a report. Each Form ADV-NR (and any amendment to Form ADV-NR) required to be filed under this rule is a "report" within the meaning of sections 204 and 207 of the Act.
(e) "Private adviser" transition rule. If you are exempt from registration with the Commission as an investment adviser under, and are not registered in reliance on, section 203(b)(3) of the Act ( 15 U.S.C. 80b - 3(b)(3) ) on July 20, 2011, you are exempt from registration with the Commission as an investment adviser until March 30, 2012, provided that you:
(1) During the course of the preceding twelve months, have had fewer than fifteen clients; and
(2) Neither hold yourself out generally to the public as an investment adviser nor act as an investment adviser to any investment company registered under the Investment Company Act of 1940 ( 15 U.S.C. 80a ), or a company which has elected to be a business development company pursuant to section 54 of that Act ( 15 U.S.C. 80a-54 ) and has not withdrawn its election.

17 C.F.R. § 275.203-1

65 FR 57448, 9/22/2000; 65 FR 81737, 12/27/2000; 68 FR 42248, 7/17/2003; 73 FR 4694, 1/28/2008; 75 FR 49267, 8/12/2010; 76 FR 43011, 7/19/2011; 84 FR 33630, 9/10/2019; 87 FR 38977, 8/29/2022

For Federal Register citations affecting Form ADV, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at .