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SEC to Cancel Registrations of 'No Show' Advisers
[ by Howard Haykin ]
The SEC is preparing to cancel the registrations of certain investment advisers in accordance with Section 203(h) of the Investment Advisers Act of 1940. The dropping of advisers is principally due to the new criteria for determining whether an adviser is to be regulated by the SEC or by the state regulatory department.
Under Dodd-Frank Reform Act, enacted 2 years ago, states are delegated generally regulatory responsibility over certain mid-sized advisers - i.e., those with Assets Under Management ("AUM") of between $25 million and $100 million.
Implementing Division of Regulatory Responsbility. Each investment adviser registered with the SEC was required to have filed an amended Form ADV in Q1 of 2012 indicating whether it remained eligible for registration by the Commission. Those advisers no longer eligible for SEC registration had until 6/28/12 to register with the states and withdraw registration with the Commission.
In conjunction with adopting rule 203A-5 and other rules to implement the Dodd-Frank Act, Notice is given that the SEC intends to issue an order or orders, pursuant to Section 203(h) of the Investment Advisers Act of 1940 (the "Act"), cancelling the registrations of the investment advisers whose names appear in the attached
Appendix to the rule release hyperlinked below.
Any registrant listed in the Appendix that wishes to file a Form ADV amendment indicating that it is eligible for registration or a Form ADV-W to withdraw its registration with the Commission may do so by 12/17/12. The registrations of registrants whose amended Form ADVs are received by the Commission by December 17, 2012 will not be canceled, and the registrations of registrants that file Form ADV-W will be withdrawn and will not be canceled by a Commission order or orders.
For more information or for questions about the inclusion of a registrant on this list, contact: Jennifer Porter, Senior Counsel or Melissa Roverts, Branch Chief at (202) 551-6787 (Division of Investment Management, Office of Investment Adviser Regulation).
Request for Hearing to Cancel Additional Notice. Any interested person may, by 12/17/12 at 5:30 P.M., may submit to the SEC in writing a request for a hearing on the cancelation of a registrant, accompanied by a statement as to the nature of his interest, the reason for such request, and the issues, if any, of fact or law proposed to be controverted, and he may request that he be notified if the Commission should order a hearing thereon. Any such communication should be addressed: Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, D.C. 20549.
At any time after December 17, 2012, the Commission may issue an order or orders cancelling the registrations of any or all of the registrants listed in the Appendix, upon the basis of the information stated above, unless an order or orders for a hearing on the cancellation shall be issued upon request or upon the Commission's own motion. Persons who requested a hearing, or to be advised as to whether a hearing is ordered, will receive any notices and orders issued in this matter, including the date of the hearing (if ordered) and any postponements thereof.
The appendix on the SEC document lists the names of investment advisers that no longer are eligible for registration with the SEC. C-I has provided just the first page of names - to illustrate what the chart looks like.
To Check to see if your firm's name is listed:
APPENDIX:
801-68570 12 METER MANAGEMENT, LP
801-72955 3SISTERS SUSTAINABLE MANAGEMENT, LLC
801-71854 ACCESS GLOBAL ADVISORS
801-70973 ADVANCED FINANCIAL SOLUTIONS, INC.
801-71094 AFC ASSET MANAGEMENT SERVICES, INC.
801-67660 ALDUS CAPITAL, LLC
801-71247 ALDWYCH CAPITAL PARTNERS, LLC
801-71312 ALLIANCE CONSULTING, LLC
801-39288 ALPHA CAPITAL MANAGEMENT INC
801-69679 ALPHA VISTA ADVISORS LLC
801-63858 ALPINE CAPITAL MANAGEMENT, LLC
801-63029 AM INVESTMENT PARTNERS LLC
801-67985 AMERICAN PEGASUS LDG, LLC
801-66956 AMOEBA CAPITAL PARTNERS PTE. LTD.
801-58279 AMUSSEN, HUNSAKER & ASSOCIATES INCORPORATED
801-72517 ANCHOR INVESTMENT PARTNERS LLC
801-74690 ANVIL CAPITAL ADVISORS, LLC
801-69544 APELLES INVESTMENT MANAGEMENT, LP
For further details, go to: [SEC Rule Release IA-3490, 10/19/12].

