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50 - General Principles of Financial Planning C SEC Release No IA-770 (1) The SEC has taken the position that the Investment Advisors Act of 1940 is the statutory body of law that should control the area of regulation of nancial planners (2) SEC Release No IA-770 sets forth three separate tests for determining whether a nancial planner s activities fall under the Investment Advisors Act of 1940 All three tests must be answered in the af rmative for the Investment Advisors Act of 1940 to apply to the nancial planner (a) Investment advice is clearly a part of the person s primary business (b) The advice is speci c and action oriented (c) The adviser receives compensation for the advice (3) If a nancial adviser passes all of these tests, the SEC assumes that he or she is in the business of investment advice and requires that person to register unless otherwise exempted D The Investment Advisors Act of 1940 speci es six areas set forth in Section 202(a)(11) that eliminate the need for nancial service professionals to be subject to the mandates of the statute The Investment Advisors Act of 1940 does not apply to any of their activities if they fall within the following categories: (1) Any bank or holding company that is not an investment company (2) Any lawyer, accountant, engineer, or teacher, when the advisory services are solely incidental to the practice of his or her profession (3) Any broker, dealer, or registered representative whose performance of advisory services is solely incidental to his or her performance as a broker or dealer and who receives no speci c compensation for these services (4) The publishers of newspapers, newsmagazines, or business or nancial publications of general or regular circulation (5) Any person whose advice, analysis, or reports relate only to securities that are direct obligations of or publications guaranteed as to principal or interest by the United States of America (6) Any other persons not within the intent of law as speci ed by the SEC E There are ve other groups of individuals who fall within the de nition of investment adviser but are exempt from registration with the Securities and Exchange Commission under Section 203(b) of the Investment Advisors Act of 1940: (1) Any investment adviser whose clients are all residents of the state in which the adviser maintains his or her principal of ce and place of business and who does not provide advice or analysis in regard to listed securities or on any securities admitted to unlisted trading privileges on any national securities exchange (2) Any investment adviser whose primary clients are insurance companies (3) Any investment adviser who has fewer than 15 clients in a year and does not present him- or herself as an investment adviser to the public (4) Any investment adviser that is a charitable organization or employed by a charitable organization and provides advice and analysis only to charitable organizations (5) Any investment adviser who provides investment advice exclusively to church employee pension plans F Investment Advisors Supervision Coordination Act of 1996 Enacted in 1997, the Investment Advisors Supervision Coordination Act of 1996 changed the landscape in.



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3 /* Same as a normal database connection except that it is shared */ 4 5 public class SharedConnection 6 { 7 private Connection m_conn; 8 private boolean m_inUse; 9 10 public SharedConnection(Connection a_conn) 11 { 12 m_conn = a_conn; 13 markAvailable(); 14 } 15 16 public Connection getConn() { return m_conn; } 17 18 /* Keeps track of shared status */ 19 public synchronized void markAvailable() { m_inUse = false; } 20 public synchronized void markBusy() { m_inUse = true; } 21 public synchronized boolean inUse() { return m_inUse; } 22 }

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/* A very simple barrier class */ public class Barrier { /* Local class for synchronization bookkeeping */ private class Marker { private boolean m_locked = true; public synchronized void setDone() { m_locked = false; notify(); } public synchronized void waitDone() { if (m_locked) try { wait(); } catch(Exception e) } } } int m_num; Marker m_marker; public Barrier(int a_num) { m_marker = new Marker(); m_num = a_num; } /* Add a thread to the barrier holding tank */ public synchronized void enter() { m_num ;

64. M. Kostoglou, P. Housiada, 74. K. Schnitzlein, Chem. Eng. Technol.,

Topic 17: Financial Services Industry Regulation Requirements - 51 regard to the Investment Advisors Act of 1940 The primary outcome is that nancial planners need to be registered with the SEC or state authorities, but not both (1) Any adviser with $30 million or more of assets under control will still have to register with the SEC, but will be exempt from state registration (2) Those with less than $30 million in managed assets will have to register with the state Any adviser with between $25 million and $30 million of managed assets can register with either the state or the SEC (3) All other areas of the Investment Advisors Act of 1940, with the exclusion of registration, will still apply to Registered Investment Advisers (RIAs) (4) States retain jurisdiction in regard to fraud and illegal activity as it applies to Registered Investment Advisers (5) A national de minimis standard rule was introduced, stating that investment advisers may not be required to register in a state unless the adviser has a place of business in that state or, during the preceding 12 months, has had more than ve clients who are residents of the state (6) Record keeping rules put forth that no state may require more stringent requirements than the resident state of the adviser (7) The Act allows the denial of registration to felons if within 10 years of the conviction (8) The Act mandated a new consumer information hotline allowing for inquiry regarding disciplinary actions and proceedings against any RIA or associates G Regulation of the insurance industry (1) Legislative action The legislative branch of the government of each of the 50 states enacts laws that govern the insurance industry (2) Judicial action The role of the courts in regulating insurance is to interpret the meaning of policy terms, rule on the constitutionality of state insurance laws, and adjudicate disputes between insurers and policyholders when other available avenues of dispute resolution fail (3) Administrative action The Commissioner of Insurance in each state is charged with the administration of the state s insurance laws The Commissioner makes rulings that have the binding force of law and may exercise judicial power in interpreting and enforcing the insurance code 2 Reporting A Form ADV (1) When an investment adviser is required to register with the SEC, he or she must also le SEC Form ADV and pay the required ling fees Form ADV contains two sections: (a) Part I contains general and background information regarding the applicant and questions regarding the applicant s expected clients (b) Part II is more detailed, requiring information about the adviser s fee structure, speci c types of services offered, and the method of business operation, as well as questions in regard to the direct involvement of the adviser in securities transactions for his or her clients (2) Once registration is complete, the investment adviser may use the of cial title of Registered Investment Adviser, but not the initials RIA, which may suggest that an exam or class work was completed and a professional designation obtained (3) Form ADV generally restricts advisers from performance-based fees in regard to the performance of assets under management; however, there is not any restriction placed.

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