Investment Advisers

An investment adviser is any person who, for compensation, engages in the business of advising others, either directly or through publications, writings or electronic means, as to the value of securities or as to the advisability of investing in, purchasing or selling securities, or who, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. Investment advisers may manage, on a day-to-day basis, client stock portfolios, use discretionary powers to make investment decisions, perform market timing, prepare financial plans involving securities or publish reports on securities. A "financial planner" may be an investment adviser if the person gives advice on securities.

With the passage of the National Securities Markets Improvement Act in 1996, regulation of investment advisers was divided between the US Securities & Exchange Commission and state regulators. The dividing line for regulation is based upon the amount of assets under management of the investment adviser or the types of clients the adviser has. An adviser who has $25 million or more in assets under management, or who is an adviser to an investment company, is required to register only with the SEC. Advisers who do not have $25 million in assets under management, or who do not manage assets at all, such as fee-only planners or those whose only business is soliciting clients for other advisers, are subject to the licensing requirements of the states in which they conduct business.

State-regulated investment advisers must be licensed if they have a place of business in Wisconsin or if they have more than five Wisconsin clients. Federal covered advisers must make a notice filing if they have a place of business in Wisconsin or if they have more than five Wisconsin clients.

Investment advisers file their applications directly with the Division of Securities using Form ADV and other forms included in the Investment Adviser Licensing Packet. The initial licensing fee is $400: $200 for the annual fee and $200 for review of the application. All licenses expire on April 30^th, regardless of original date of issue. Annual renewal notices are mailed in February of each year and the renewal fee for the adviser is $200. Forms are available using the Forms link below.

The staff has created an Investment Adviser Guide which addresses many areas of investment adviser regulation and responsibility.  Internal links allow the user to jump to various statute and code cites as well as investment adviser licensing forms and related topics in other areas of the Guide. Most forms required of investment advisers are also available for downloading.