Form ADV FAQs Impact Cross-Border Investment Managers
The SEC’s Division of Investment Management has released additional Form ADV FAQs that affect cross-border investment managers. The staff advises that non-U.S. investment funds, including UCITs or their equivalent, should be classified as “pooled investment vehicles” when describing assets. Also, a non-resident GP or managing agent of a relying adviser must file Form ADV-NR. The FAQs also broadly define “borrowings” for purposes of whether an adviser engages in borrowing transactions on behalf of clients, explain social media disclosure, and clarify that the new Form supersedes SEC no-action relief with respect to relying advisers.
OUR TAKE: The SEC continues to take an extra-territorial regulatory approach to any cross-border adviser that must register in the U.S.