How to Register as an Investment Advisor in Utah

• FINRA Entitlement Paperwork: To initiate the process of becoming a registered investment advisor in Utah, individuals must first apply to the Financial Industry Regulatory Authority (FINRA) to create an account (Entitlement) for their WebCRD/IARD online system (the web application for the registration of RIA and its representatives). FINRA does not regulate or supervise RIAs, but the State of Utah uses FINRA’s WebCRD/IARD system to process applications.

• Form ADV Part 1: Electronically file Form ADV through IARD. Form ADV Part 1 discloses information about the RIA, including its ownership structure, client base, operational practices, any disciplinary incidents involving the advisor or their employees, and affiliations. This form acts as the online portal for submitting additional documentation within the system.

• Form ADV Part 2A: Detail your RIA’s fee structure, services, disciplinary disclosures, and other firm information in Form ADV Part 2A. Form ADV Part 2A is also known as the Firm’s Disclosure Brochure.

• Form ADV Part 2B: Form ADV Part 2B provides information about the advisor, such as their education, employment history, potential conflicts of interest, and any disciplinary actions.

• Minimum Net Capital for most advisers: According to State Code, "[...] the adviser has met the bonding requirements or minimum net worth requirements, both of which are $35,000 for custody and $10,000 for discretionary authority. For those that bond, you may submit Form 4-5BIA (one version for custody; another for discretionary authority) or a form with similar information. For those that seek to meet the minimum net worth requirement, the Division typically requires an independently-audited balance sheet showing the net worth or similar proof. For any Investment Adviser that is also registered as a broker-dealer firm, proof of membership in SIPC may be accepted in lieu of the bonding or minimum net worth requirements." Source

• Surety Bonds: Permitted in lieu of Net Capital; only required if advisor has discretionary authority

• Fees: Submit a $40 fee for the firm's registration through FINRA IARD.

Disclaimer: This website offers general information and is not tailored to address individual business transactions or legal matters. It does not constitute legal advice and should not be relied upon as a substitute for professional legal guidance. While we strive to provide accurate and up-to-date information, we cannot guarantee its absolute accuracy or currency. Errors may occur, and laws may change over time. If you have any questions, please contact a Success Strategist.