Federal Covered Advisers

"Federal Covered Adviser" is defined, in section 61-1-13(1)(m)  of the Utah Uniform Securities Act ("Act"), as "a person who is registered under Section 203 of the Investment Advisers Act of 1940 or is excluded from the definition of 'investment adviser' under Section 202(a)(11) of the Investment Advisers Act of 1940."

There are two types of investment advisory firms:

  • State Covered Investment Adviser - has assets under management of less than $100 million.
  • Federal Covered Investment Adviser - has assets under management of $100 million or more.

A Federal Covered Adviser must file a Notice Filing with the Utah Division of Securities if the firm meets either one or both of the following criteria:

  • Firm has more than 5 clients who are Utah residents
  • Firm has a place of business in Utah

Initial Notice Filing

To file a Notice Filing, a Federal Covered Adviser must file with the IARD the following  pursuant to Rule 164-4-6 :

  1. SEC Form ADV Uniform Application for Investment Adviser Registration, bearing your SEC investment adviser number (assigned upon approval by the SEC), and your audited balance sheet (if required under item 14 of Part II of Form ADV).
     
  2. Filing Fee – $100.00 covers the firm; $50.00 for each investment adviser representative with a place of business in Utah.

Notice Filing Renewal

All filings expire on December 31 of each year. To renew a filing as a Federal Covered Adviser, submit the following \ to the IARD:

  1. SEC Form ADV - Most recent amendment.
     
  2. Renewal Fee – 100.00 covers the firm; $50.00 for each investment adviser representative with a place of business in Utah.

Notice Filing Withdrawal

To withdraw a filing the firm must file Form ADV-W with the SEC.