Under SEC law, a company that offers its own securities must register these investments with the SEC before it can sell them unless it meets an exception. One of those exceptions is selling unregistered investments to accredited investors.
To become an accredited investor the (SEC) requires certain wealth, income or knowledge requirements. The investor must fall into one of three categories. Firms selling unregistered securities must put investors through their own screening process to determine if investors can be considered an accredited investor.
The Verifying Individual or Entity should take reasonable steps to verify and determined that an Investor is an "accredited investor" as such term is defined in Rule 501 of the Securities Act, and hereby provides written confirmation. This letter serves to help the Entity determine status.
Alabama Accredited Investor Suitability
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US-ENTREP-0014-1
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1975, § 8-6-11(a)(9), any offer or sale of securities which is made in compliance with the following requirements of this rule will be deemed to be an exempt transaction and Code of Ala.
Accredited investor questionnaires are used to determine whether potential investors meet the suitability requirements of Regulation D of the Securities Act of 1933, which may eliminate the need for the offering or issuance of such securities to be registered with the Securities and Exchange Commission.
Section 8-6-17 - Prohibited Acts Regarding Offer, Sale, or Purchase of Securities. Prohibited acts regarding offer, sale, or purchase of securities. (3) Engage in any act, practice or course of business which operates or would operate as a fraud or deceit upon any person.
This requires a securities license and registration with the Alabama Securities Commission, which means passing either the FINRA Series 6 or Series 7 exam as well as state securities law exams. Continuing education requirements of both the Alabama Department of Insurance and FINRA apply to variable annuity agents.
To form an RIA, investment advisors must pass the Series 65 exam (or equivalent). RIAs must register with the SEC or state authorities, depending on the amount of money they manage. Applying to become an RIA includes filing a Form ADV, which includes a disclosure document that is also distributed to all clients.
At a minimum, you'll need the following: FINRA entitlement. Form ADV filing. Form U4. Investment Management Agreement. Privacy Policy. Compliance Manual & Code of Ethics. Business Continuity Plan. Information Security Policy.
In order to file a registered investment adviser application with the state of Alabama, one must first apply to the Financial Industry Regulatory Authority (FINRA) for an account (Entitlement) to their WebCRD/IARD on-line system (the web application for the registration of RIA's and their representatives).
RIA firms can choose to establish themselves as a sole proprietorship, partnership, corporation or limited liability company (LLC). Your choice is dependent on a number of factors, including liability protection, tax implications and ease of formation.