ARTICLE
20 May 2021

SEC To Raise Qualified Client Threshold For Performance-Based Fees

CW
Cadwalader, Wickersham & Taft LLP

Contributor

Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
The proposed order would go into effect 60 days following its issuance.
United States Finance and Banking

The SEC provided notice that will adjust for inflation the dollar-amount thresholds in the definition of "qualified client" under Rule 205-3 ("Exemption from the compensation prohibition of section 205(a)(1) for investment advisers") of the Advisers Act. Rule 205-3 permits an adviser to charge performance-based fees to qualified clients.

The SEC stated that the proposed order would increase (i) the minimum net worth of a "qualified client" from $2,100,000 to $2,200,000 and (ii) the minimum dollar amount of assets under management from $1,000,000 to $1,100,000.

The proposed order would go into effect 60 days following its issuance.

Primary Sources

  1. Federal Register: Performance-Based Investment Advisory Fees

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