A bill to provide for recovery of costs of supervision and regulation of investment advisors and their activities, and for other purposes.
Investment Advisers Amendments of 1994 - Amends the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to collect fees to cover specified costs of regulating investment advisers and their activities. Sets forth a sliding scale fee schedule. Authorizes the SEC to suspend the registration of any investment adviser for failure to pay the requisite fees.
Directs the SEC to report to the Congress on certain surveys regarding the failure of persons to register as mandated.
Authorizes the SEC to designate registered self-regulatory organizations to: (1) conduct periodic compliance examinations of members and their affiliates; (2) discipline them for non-compliance; and (3) collect examination fees. Places limitations upon such designation authority with respect to affiliates of members (especially those whose primary business is investment advisory activities), and savings association affiliates of members.
Requires the SEC to: (1) examine the nature of potential conflicts of interest with an adviser's fiduciary obligations when the adviser is compensated for the sale of investment products; and (2) prescribe rules for the disclosure of such conflicts of interest.
Empowers the SEC to: (1) require any investment adviser to file requisite fees or reports with the SEC; and (2) designate an entity to operate a readily accessible electronic facility to process inquiries regarding disciplinary proceedings involving investment advisers and their associates.
Directs the SEC to include in certain annual reports status updates on: (1) proposed revisions of investment adviser registration; (2) consultations with State authorities regarding collection and dissemination of registration information; and (3) implementation of information systems. Requires such updates to include an analysis of how registration revisions will provide investment clients with timely and effective disclosure of investment adviser conflicts of interest and/or previous convictions.
Authorizes the Commission to require registered advisers to be bonded against larceny and embezzlement. Directs the Commission to study: (1) the availability of fidelity bonds for large and small-scale investment advisers and advisers located in non-urban areas; and (2) the impact of this Act's bonding requirements upon the competitive position of small-scale investment advisers.
Directs the Commission to exempt investment advisers from such bonding requirements if: (1) the bonds are not reasonable or readily available in their locality; or (2) the cost of obtaining the bonds would have a substantial adverse impact upon an adviser's competitive position.
Read twice and referred to the Committee on Banking.
Sponsor introductory remarks on measure. (CR S2011-2013, S2015)
Read twice and referred to the Committee on Banking.
Committee on Banking. Ordered to be reported with amendments favorably.
Committee on Banking. Reported to Senate by Senator Riegle with amendments. With written report No. 103-177.
Committee on Banking. Reported to Senate by Senator Riegle with amendments. With written report No. 103-177.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 277.
Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.(consideration: CR S16861-16862)
Passed Senate with amendments by Voice Vote. (consideration: CR S16861-16862)
Message on Senate action sent to the House.
Received in the House.
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Telecommunications and Finance.
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Committee on Energy and Commerce discharged.
Committee on Energy and Commerce discharged.
Mr. Markey asked unanimous consent to discharge from committee and consider.
Considered by unanimous consent. (consideration: CR H10951-10957)
Passed/agreed to in House: On passage Passed without objection.
On passage Passed without objection.
Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at the desk: House amendment to Senate bill.