What Is the U.S. Securities and Exchange Commission (SEC)?
The SEC’s Division of Investment Management oversees adviser regulation broadly, while its Division of Examinations conducts the exams that check firms’ compliance with the Investment Advisers Act of 1940 and related rules, including the Marketing Rule, Custody Rule, and Books and Records Rule. Advisers who register with the SEC file and maintain their Form ADV through the same IARD system used by state-registered advisers, but their primary regulatory relationship — including examinations and deficiency findings — runs through the SEC rather than a state securities division.
Certain advisers must register with the SEC regardless of AUM, including advisers to registered investment companies and, in some cases, advisers relying on specific federal exemptions unavailable at the state level.