US Investment Advisers Act of 1940 and SEC Adviser Rules (17 CFR Part 275)
Section 205 and rule 205-3: advisory contract terms, performance fees and assignment – US Investment Advisers Act of 1940 and SEC Adviser Rules (17 CFR Part 275)

US Investment Advisers Act of 1940 and SEC Adviser Rules (17 CFR Part 275) 205a-performance-fees: Charge performance-based compensation only to qualified clients and within the permitted fulcrum, fund and sophisticated-client exceptions

What does 205a-performance-fees require?

Section 205(a)(1) prohibits a registered adviser from entering into, extending, renewing or performing an advisory contract under which the adviser takes a cut of the client's capital gains or appreciation. Section 205(b) lets through fees based on average asset value over a period, fulcrum fees for registered investment companies and accounts over one million dollars that rise and fall symmetrically against an appropriate index, business development company contracts capped at twenty per cent of realised gains, contracts with section 3(c)(7) funds and contracts with non-residents. Rule 205-3 adds the qualified-client exemption: performance fees may be charged to a client with at least the rule's assets-under-management or net-worth thresholds (inflation-adjusted by SEC order every five years, excluding the primary residence), to qualified purchasers and to the adviser's knowledgeable employees, with look-through to the investors in private funds. Section 205(e) authorises further exemptions and the periodic inflation adjustment.

Maintained by Gerard Blokdyk

Other controls in Section 205 and rule 205-3: advisory contract terms, performance fees and assignment – US Investment Advisers Act of 1940 and SEC Adviser Rules (17 CFR Part 275)

Query this from an agent

The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.