General Solicitation May Trigger State Investment Adviser Registration in Certain States

Simon RivelesAdvertising, Compliance, General Solicitation, Investment Adviser Registration, Private Fund Exemption

Background As a consequence of the Jumpstart Our Business Startups Act (“JOBS Act”), beginning September 23, 2013, managers of private funds will be permitted to advertise and solicit the general public in an effort to raise capital for their private fund. While the requirements for investment adviser registration vary from state to state, Florida, Indiana, Louisiana, Michigan, Ohio, Pennsylvania, and Tennessee provide an exemption to …