Friday, October 17, 2008
New Issue for Federally Registered Advisers
With the markets down 40% or so in the last few months, federally registered investment advisers are facing a new issue - the potential loss of the ability to maintain their federal registration.
Investment advisers with over $30 million in assets under management must register with the SEC. Advisers with assets over $25 million have the option to register with the SEC.
While those are the asset under management issues that have come up over the past few years, we are now seeing a new issue - what happens when my assets fall below $25 million?
Unfortunately, the answer is that you must withdraw your reqistration as a federally registered adviser, and switch to State registration. You must do so within 180 days of the end of your fiscal year where you fall below $25 million, unless you are back over $25 million at that time.
There are some exemptions and twists to that rule, so advisers should consult with their own legal counsel when making these decisions. The State registration process can be costly, and the annual maintenance costs are not insignificant.
Investment advisers with over $30 million in assets under management must register with the SEC. Advisers with assets over $25 million have the option to register with the SEC.
While those are the asset under management issues that have come up over the past few years, we are now seeing a new issue - what happens when my assets fall below $25 million?
Unfortunately, the answer is that you must withdraw your reqistration as a federally registered adviser, and switch to State registration. You must do so within 180 days of the end of your fiscal year where you fall below $25 million, unless you are back over $25 million at that time.
There are some exemptions and twists to that rule, so advisers should consult with their own legal counsel when making these decisions. The State registration process can be costly, and the annual maintenance costs are not insignificant.
Wednesday, October 1, 2008
The Financial Crisis: What Went Wrong?
I am just linking to this, because I am not a tax expert by any stretch of the imagination, and Profession Caron, from the University of Cincinnati College of Law, is one.
Take a couple of minutes and read it. No spin, no blaming Jimmy Carter or any other nonsense, just an analysis.
Then decide who screwed this up.
TaxProf Blog: Seto: The Financial Crisis: What Went Wrong?
Take a couple of minutes and read it. No spin, no blaming Jimmy Carter or any other nonsense, just an analysis.
Then decide who screwed this up.
TaxProf Blog: Seto: The Financial Crisis: What Went Wrong?
Bailout passes Senate
A revised version of the the $700 billion financial industry bailout passed in the Senate this evening, 74-25 and is apparently gaining ground in the House.
The Senate added $110 billion in tax breaks for businesses and the middle class, plus a provision to raise, from $100,000 to $250,000, the cap on federal deposit insurance, according to the AP.
The heart of the bill, and the opposition to it, remained the same. It would enable the government to spend billions of dollars to buy bad mortgage-related securities and other devalued assets held by troubled financial institutions. If successful, advocates say, that would allow frozen credit to begin flowing again and keep the economy from a deep recession.
Bailout passes Senate, House foes soften - Yahoo! News
The Senate added $110 billion in tax breaks for businesses and the middle class, plus a provision to raise, from $100,000 to $250,000, the cap on federal deposit insurance, according to the AP.
The heart of the bill, and the opposition to it, remained the same. It would enable the government to spend billions of dollars to buy bad mortgage-related securities and other devalued assets held by troubled financial institutions. If successful, advocates say, that would allow frozen credit to begin flowing again and keep the economy from a deep recession.
Bailout passes Senate, House foes soften - Yahoo! News
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