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Section 204A of the Advisers Act requires investment advisers (whether SEC-registered or not) to establish, maintain, and enforce written policies and procedures reasonably designed to prevent the misuse of material, nonpublic information by the investment adviser or any of its associated persons.
Some of the records required include a copy of each written account agreement, all documents necessary to demonstrate how the adviser calculates performance or rate of return, blotters, ledgers, and a copy of the investment adviser's code of ethics.
An advisor agreement is a legal document used between a company and an advisor they have hired. The legal agreements outlines the expectations and obligation between the two parties, including the role and responsibilities of the advisor, their compensation, confidentiality, and assignment of work.
The limitation of liability clause should outline the following details: The maximum amount for which one party can be held liable to the other in case of any claims or damages. This amount can be a fixed dollar amount or a multiple of the advisor's fee.
All other records must be maintained by an investment adviser for five years (in the investment adviser's principal office for at least the first two years; they may be kept in an easily accessible place for the balance of the five years).