USA compliance for independent advisors
USA compliance for independent advisors: SEC, FinCEN & state rules you must act on in 2026. Key registration decisions, Marketing Rule changes, FinCEN AML coverage and a state-by-state filing checklist—practical steps for independent advisors. Executive summary (short): Independent advisors (individuals and small RIA firms) must navigate a layered compliance framework: federal (SEC, FinCEN, DOL, IRS, OFAC) and state securities and insurance regulators. Core federal obligations for most RIAs include registration/notice-filing via Form ADV (IARD), establishing a written compliance program and appointing a Chief Compliance Officer (SEC Rule 206(4)-7), abiding by the Marketing Rule (amended Rule 206(4)-1) and related recordkeeping (Rule 204-2), custody rules, fiduciary/anti-fraud duties under the Advisers Act, and new AML (FinCEN) and cybersecurity expectations. States impose parallel registration/notice requirements, fees, continuing education/exam rules, and additional filings (state-specific fees, financial statements, bonding and fingerprinting in some states). Practical compliance is primarily documentation (policies & procedures), annual reviews, Form ADV maintenance, client disclosures (Part 2A/2B, Form CRS where applicable), record retention and implementing AML, privacy, and cybersecurity measures.
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