New AML Requirements for Investment Advisers

October 04, 2024

Overview of FinCEN’s New AML Rule

The U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) has finalized new anti-money laundering (AML) and countering the financing of terrorism (CFT) regulations applicable to certain investment adviser firms. The rule expands the scope of the Bank Secrecy Act (BSA) to include investment advisers registered with the U.S. Securities and Exchange Commission (SEC) and exempt reporting advisers (ERAs). This significant regulatory development is designed to protect the U.S. financial system from being used by criminals for illicit finance activities, including money laundering and terrorist financing.

Learn About the Exemption for Investment Advisers from New Beneficial Ownership Reporting Requirements

February 02, 2024

With the new requirements that corporations, limited liability companies and other entities report the identities of their beneficial owners to the Financial Crimes Enforcement Network (“FinCEN”), the chief compliance officer (“CCO”) of an investment adviser firm and sponsors of pooled investment vehicles should be aware that certain investment adviser firms and pooled investment vehicles are eligible for an exemption from FinCEN’s beneficial ownership reporting requirements.

Investment Advisers May Be Required to Implement Anti-Money Laundering Policies and Procedures

December 05, 2011

Registered investment adviser may soon be required to monitor client accounts for money laundering activities. James Freis, the director of the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”), recently announced that FinCEN and the U.S. Securities and Exchange Commission (“SEC”) are working together to finalize anti-money laundering regulations that would apply to investment advisers. The proposed rule would likely require investment advisers to implement anti-money laundering policies and procedures and would also require them to report suspicious activity to the appropriate authorities.