Corporate requirements
- - Form ADV, disclosure brochure, compliance program, custody analysis, books and records, and annual amendments for advisers
- - FINRA New Member Application, supervisory procedures, personnel, systems, capital, and membership standards for broker-dealers
- - State notice filing or registration analysis where applicable
- - Clear separation between advice, brokerage, solicitation, custody, and fund management activities
Application journey
- 1. Classify the model as adviser, broker-dealer, private fund adviser, platform, solicitor/marketer, or hybrid.
- 2. For advisers, prepare IARD access, Form ADV Part 1 and Part 2, compliance program, custody analysis, and state notice filing or registration checks.
- 3. For broker-dealers, prepare FINRA Gateway access, Form NMA, written supervisory procedures, personnel, capital, clearing/custody arrangements, and membership interview materials.
- 4. Verify firm and individual records in IAPD and BrokerCheck after filing or approval.
- 5. Maintain annual ADV updates, amendments, supervisory records, and state filings.
Documents and controls
- - People and competence: Shows that named individuals can perform or supervise the regulated work.
- - Ownership and controllers: Explains who owns, controls, funds, and benefits from the applicant.
- - Governance and accountability: Allocates decision rights, oversight, senior responsibility, committees, and escalation.
- - Capital and financial resources: Shows runway, prudential planning, and resource adequacy for the proposed permissions.
- - AML/CFT and financial crime: Shows customer due diligence, sanctions, monitoring, suspicious activity, and escalation controls.
- - Compliance framework: Turns rules into owned, scheduled, evidenced operating controls.
- - Custody and client assets: Explains whether client assets are held, controlled, safeguarded, deducted from, or avoided.
- - Outsourcing and vendors: Shows that outsourced work is selected, supervised, escalated, and replaceable.
- - Cyber and technology controls: Shows platform resilience, access control, business continuity, incident response, and data protection.
- - Complaints and conduct: Shows conduct risk ownership, customer handling, and escalation for complaints or disputes.
- - Regulatory reporting: Shows that recurring reports, filings, amendments, attestations, and register changes are owned.
- - Financial forecasts: Connects business plan, revenue assumptions, costs, capital, and runway to the applicant entity.
- - Wind-down and exit planning: Shows how clients, assets, records, complaints, and obligations would be handled if the business stops.
Capital and timeline
Adviser capital rules are usually state-specific or tied to custody and other facts; broker-dealers face SEC net capital and FINRA membership expectations.
Timeline estimate: SEC adviser registration can become effective in about 45 days if complete; FINRA new member review may run up to 180 calendar days for substantially complete applications.
Common bottlenecks
- - Broker-dealer issues hidden inside compensation, solicitation, placement, or transaction workflows
- - Custody, private fund audit, and fee deduction arrangements not fully analysed
- - Form ADV and brochure language that does not match real operations
- - FINRA NMA materials that are not substantially complete or lack operational evidence