Question regarding F&F Investment Adv in CA

Discussion in 'Professional Trading' started by catmango, Jan 6, 2004.

  1. Does anyone have a link for the state regulations in California governing the F&F investment adviser role? I'm only managing a couple of friends' accounts with a very small account value. I searched through the ca.gov website and couldn't find anything about the number of clients or total funds managed threshold before I'm required to register with the state.

    Any help would be appreciated!
     
  2. I just spoke to someone at the CA Department of Corporations, and she said that even if I have just one "client" and the account is small, if I receive any type of payment at all I need to register with the state of CA and get licensed (a bunch of paperwork plus $125/yr). Plus, I would at a minimum need to pass the Series 65 in order to get licensed in the state.

    Is this a joke? Do people in other states have the same ridiculous requirements as in CA? Is there anyone else operating in CA that has different information?
     
  3. NY requires it
     
  4. There are two jurisdictional levels that come into play--the federal and state. As you know, the federal level regulates securities through the SEC and the various Securities Acts.

    But there is a state level as well, commonly known as "Blue Sky" laws. Every state, not just CA, has state securities regulation. Most of them parallel the federal statutes in most respects.

    This is a complicated area of law. The rules are complex, the regulations are even more complex, and the determination whether there are any exemptions that apply to your situation are complex.

    You can get a lot of information off the various state websites, although you probably will have to click among more than one website to get it all. Ultimately you may have to consult with a securities law expert in whatever state you are looking at.

    A note of caution: If you are required to register and get licenses and do not do so, you may face both civil and criminal penalities, plus civil actions plus attorneys fee awards, etc. This is serious business.