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ARTICLE · 06 JULY 2011

Timing And Exemptions During The Next Year

Effective as of July 21, 2011, the Dodd-Frank Act eliminated Section 203(b)(3) of the Advisers Act (commonly referred to as the "private adviser" exemption), which provided a federal registration exemption for any adviser that: (1) had fewer than 15 clients over the prior 12 months; (2) did not hold itself out to the public as an investment adviser; and (3) did not act as an investment adviser to a registered investment company or a business development company.

United StatesFinance and Banking
Article by Marco E. Adelfio , Jonathan Axelrad , Paul J. Delligatti , Robert S. Fore , Elizabeth Shea Fries , Matthew L. Giles , Rufus C. King , Peter LaVigne , Byron C. Pavano , Paul Schwartz , Paul J. Verbesey and Heather R. Zuzenak

Daniel Preysman contributed to the preparation of this Alert.

Effective as of July 21, 2011, the Dodd-Frank Act eliminated Section 203(b)(3) of the Advisers Act (commonly referred to as the "private adviser" exemption), which provided a federal registration exemption for any adviser that: (1) had fewer than 15 clients over the prior 12 months; (2) did not hold itself out to the public as an investment adviser; and (3) did not act as an investment adviser to a registered investment company or a business development company. In place of the private adviser exemption, the Dodd-Frank Act created several new exemptions. Effecting and implementing those new exemptions required the new SEC rules that were adopted

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