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This document provides interpretative guidance for independent public accountants regarding the adoption of amendments to the Custody Rule under the Investment Advisers Act of 1940, detailing requirements
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How to fill out Commission Guidance Regarding Independent Public Accountant Engagements Performed Pursuant to Rule 206(4)-2 Under the Investment Advisers Act of 1940

01
Read the Commission Guidance document thoroughly to understand its purpose and scope.
02
Gather necessary information about the independent public accountant you plan to engage.
03
Ensure the accountant is registered and in good standing with the appropriate regulatory bodies.
04
Review the requirements outlined in Rule 206(4)-2, particularly about the custody of client funds and securities.
05
Identify the specific services the accountant will provide and how they align with compliance requirements.
06
Complete any necessary forms or agreements to formalize the engagement with the accountant.
07
Maintain proper documentation of the engagement process and ongoing communications with the accountant.
08
Regularly review the accountant's performance and adherence to the guidelines set forth.

Who needs Commission Guidance Regarding Independent Public Accountant Engagements Performed Pursuant to Rule 206(4)-2 Under the Investment Advisers Act of 1940?

01
Investment advisers who have custody of client funds or securities.
02
Independent public accountants engaged to perform audits or other services for investment advisers.
03
Compliance officers and legal advisors associated with investment advisory firms.
04
Regulatory bodies overseeing compliance with the Investment Advisers Act of 1940.
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Section 206 of the Investment Advisers Act of 1940 The adviser's fiduciary duty under the IAA instead extends to all services undertaken on behalf of the adviser's client(s). engage in any act, practice, or course of business which is fraudulent, deceptive, or manipulative.
Rule 206(4)-8 prohibits advisers to pooled investment vehicles (such as hedge funds, private equity funds, or venture capital funds) from making false or misleading statements to current or prospective investors in such funds.
[13] Rule 206(4)-1(d)(1) prohibits an investment adviser from, directly or indirectly, disseminating any advertisement that includes “any presentation of gross performance, unless the advertisement also presents net performance: (i) with at least equal prominence to, and in a format designed to facilitate comparison
Rule 206(4)-8 prohibits advisers to pooled investment vehicles (such as hedge funds, private equity funds, or venture capital funds) from making false or misleading statements to current or prospective investors in such funds.
Section 206(2): Advisers are prohibited from engaging “in any transaction, practice, or course of business which operates as a fraud or deceit upon any client or prospective client.”
Rule 206(4)-4 under the Advisers Act requires all advisers to disclose certain material financial and disciplinary information to their clients, such as a financial condition of the adviser that is reasonably likely to impair the adviser's ability to meet its contractual commitments to clients, or any legal or
Under rule 206(4)-6, an investment adviser that exercises voting authority over clients' securities must adopt written proxy voting policies and procedures, describe the procedures to clients, make them available to clients upon request, and inform clients how they can obtain information about how their securities were
Rule 206(4)-2 under the Advisers Act requires each investment adviser that has custody of client funds or securities to deposit client funds in bank accounts and to segregate and identify client securities and hold them in safekeeping.

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The Commission Guidance provides clarification on the standards and expectations for independent public accountants when performing audits and examinations of registered investment advisers to ensure compliance with the Investment Advisers Act of 1940, specifically Rule 206(4)-2 concerning the custody of client funds.
Registered investment advisers that have custody of client funds are required to adhere to the guidelines set forth in the Commission Guidance and engage independent public accountants for the required audits.
The filling out of the Commission Guidance typically involves documenting the engagement agreement with the independent public accountant, including relevant details such as the accountant's qualifications, the scope of the engagement, and the timelines for reporting. Advisers should ensure compliance with the specific format indicated by the Commission.
The purpose of the Commission Guidance is to enhance the integrity and reliability of financial audits conducted for investment advisers, protect client assets, and ensure compliance with regulatory requirements, thereby promoting investor confidence.
The information reported should include details of the engagement, the findings of the independent public accountant, any material weaknesses identified, and assurance that the adviser is in compliance with the custody rule, among other relevant audit insights.
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