Electronic Filing for Investment Advisers on IARD:
Setting Up Your IARD Account
Advisers now register with the SEC electronically and must set up an IARD Account to make electronic filings with the SEC. There are three steps in this process.
Step I
You can find forms and information about setting up an IARD Account on the NASDR's website www.iard.com. Click on "How To Get Started," located on the left side of the screen, and print off an SEC IARD Entitlement Packet.
This IARD Entitlement Packet contains the following items:
- A letter from the NASDR
- Three forms:
- User Account Acknowledgment Form
- Account Administrator Entitlement Forms
- IARD Participant Acknowledgment
- Account Administrator Navigation Guide
You must complete all forms and return them to the NASDR. The NASDR's address is included in their letter. Do not send your completed forms to the SEC because this will delay the processing of your forms.
Step II
Upon receipt of your completed forms, the NASDR will do the following:
- Set up your IARD User Account
- Grant access to the individuals you designated as Authorized Persons so these persons can make electronic filings on your behalf.
- Set up your IARD Financial Account for billing and payment of fees.
- Send you a Confirmation Packet containing:
- a confidential User ID
- instructions on how to make an electronic filing on IARD
- instructions on how to pay fees collected by IARD.
Allow two weeks for the NASDR to process your completed forms.
Step III
Upon receipt of payment instructions from the NASDR, you will need to send funds by check or wire transfer to your IARD billing account. Allow 48 hours for the processing of funds. Once funds are credited to your IARD Account, you can submit your electronic filing.
Additional information and instructions on how to make an electronic filing are available on the NASDR's website for IARD, www.iard.com.
Hardship Exemptions
If an SEC-registered adviser cannot make a required electronic filing, the adviser may be eligible for one of two hardship exemptions by filing Form ADV-H (available in PDF format).
Temporary Hardship Exemption
This exemption extends an electronic filing deadline for seven business days if unexpected difficulties, such as a computer malfunction or electrical outage, prevent an adviser from meeting a filing deadline. The Temporary Hardship Exemption is available to any SEC-registered adviser that files Form ADV-H with the SEC. Mail Form ADV-H to the SEC at the address shown below. If an adviser is facing a longer term filing impediment, that adviser should make alternative filing arrangements, such as hiring a service bureau or using someone else's computer with internet access. For more information, see Frequently Asked Questions and Rule 203-3(a) under the Investment Advisers Act of 1940.
Continuing Hardship Exemption
The SEC does not grant this exemption automatically. It is applied for by filing Form ADV-H with the SEC. Mail Form ADV-H to the SEC at the address shown below. The Continuing Hardship Exemption is available only if an adviser is a "small business" and demonstrates that filing electronically would create an undue hardship. If the SEC does grant a Continuing Hardship Exemption, the adviser still must send its completed paper filing to SEC. A separate fee will be charged by NASDR for manually entering the filing information into IARD. For more information about this exemption, see Frequently Asked Questions and Rule 203-3(b) under the Investment Advisers Act of 1940.
Anyone filing a Form ADV-H should mail it to:
U.S. Securities and Exchange Commission
Office of Registrations and Examinations
Mail Stop O-25
450 5th Street, N.W.
Washington, D.C. 20549
http://www.sec.gov/divisions/investment/iard/setup.shtml
