5. A presentation that the participating member presents: While there are legitimate arguments for updating the information to go beyond simply restoring established standards and leave open the question of whether all of this documentation is more necessary, updating the information will likely standardize the representations used to comply with the participating affiliate letters. Therefore, we recommend sending the listed information for each SEC member and changing this information in the event of a significant change. Compliance with this information update could help avoid unnecessary distractions and costs in a company`s next SEC review. The article examines the exemption from the registration of investment advisors for foreign consultants, which was provided by the U.S. Securities and Exchange Commission (SEC). The Staff`s Emergency Letters (the «Participatory Affiliate Charters») published between 192 and 2005 and reviews the latest guidelines published by the Staff in an information update published in March 2017 (the «information update») regarding compliance with the requirements of participating affiliate letters. 6. Assurance that, upon receipt of an administrative summons, the participating member will request or request voluntary cooperation during a routine inspection or other way of making available to the SEC or staff all books and records that must be kept in accordance with staff guidelines, and the SEC or staff may request the staff of the participating member (except office staff or departmental staff) who participate in the activities Investment consulting or securities transactions, refer to a location that the SEC may designate in the United States or, at the SEC`s choice, in the country where registrations are held or where staff are present. 4. A representation likely to initiate such a civil action or civil action or administrative proceeding by the meaning of the procedure, and the meaning of a subpoena is an effective service or notification, the authorized representative of the participating member, and this meaning is considered valid and binding in all courts and administrative tribunals, as if a personal service had been provided.
In its non-action response, the Staff stated, referring to the «behaviour and impact test,» that the physical provisions of the Advisers Act generally did not apply to non-U.S. clients of a registered foreign consultant, but that the SEC advisor should grant access to foreign personnel for all of his activities inside and outside the United States and keep certain records. In addition, the Staff found that Unibanco was sufficiently separated from its registered consulting subsidiary, so that Unibanco would not be considered an indirect supply service to U.S. clients in violation of the Consultants Act, although the registered foreign consultant subsidiary would rely primarily on Unibanco`s research and that some Unibanco employees would also be employees of the registered foreign consultant. The General Staff stated that separation would be recognized if (i) related businesses are organized separately; (ii) the registered consultant employs staff (based in the U.S. or abroad) who can provide investment advice; (iii) all persons participating in the advice to U.S. clients are considered «associates» of the registered advisor; and (iv) the SEC, on appropriate access to the commercial and other records of any subsidiary involved in the consulting activities in the United States and the staff of each of these related companies, to the extent necessary for the SEC to identify conduct that could harm U.S. customers or markets.