Day: July 30, 2011

Waters Uncharted

Waters Uncharted

I don’t know.? You don’t know.? He doesn’t know. We don’t know. You all don’t know, and all of y’all don’t know either. They don’t know.

Conjugation complete. No one knows.

I am in the odd position of being relatively bullish regarding the debt ceiling in DC, which is near me, and affects my local economy.? I think a deal will be struck, and that it will be passed by both houses, and signed by Obama.? At least, I give that 60% credibility.

Though I don’t like the t-party, I admire their adherence to principle, which is usually lacking in DC.? In general, we want more principled congressmen, except when they are more principled than we are.? We are hypocrites, and delusional believers in magic.

Most people think that there is an easy solution that will not affect them, but will hit all of the evil people who sponge off our government.? Sorry, the easy solution does not exist.? There is a tough solution that will make the rich pay, and will eviscerate the Bush tax cuts, but not change tax rates.? Change the definition of income such that improvements in economic position can’t be delayed.? Make Warren Buffett pay his fair share now, and me too.? Move back to the Tax Reform Act of 1986, and eliminate all of the deductions, and then go further, tax us all like traders, and make us pay each year on the net increase in unrealized gains.

With such a change, the inheritance tax would not be needed, because the rich, and corporations trying to avoid taxes by keeping cash overseas would all be taxed, at least for a little while, before they move to Ireland or Bermuda.

In 2013, no one expected that the US Military would descend on all of the tax havens of the world to reclaim their fair share. I jest, but what could be simpler than to force them to raise taxes, and remit them to the US.

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In the present situation, my bond portfolio is largely in foreign bonds, the next part in inflation-protected securities, and the last part in long nominal US Treasury Bonds.

What I see here is an unstable situation with potential for goods price inflation or real deflation, making long dated claims valuable.? Whatever.? It is uncharted waters, and are there monsters here?? Maybe.? We’ll soon see whether there is some sort of agreement, or whether we get to find out the consequences of a drop in liquidity, or aggregate demand, combined with a drop in future claims on wealth.

De Minimus Laws

De Minimus Laws

This post is different, therefore it has to start with a disclaimer.

I am not a lawyer. Yes, I am good at reading legal documents, such as securitization agreements, structured securities, insurance contracts, insurance laws and regulations, etc., but that is not the same as having legal training.? I make mistakes, and how much more so when I am operating near the edge of my field of competence?

So don’t rely on this.? This is not legal advice. This is just my faltering attempt to figure out a legal question that faces my business.? For all the small investment advisers out there who face similar problems, use this as a springboard in your discussions with your lawyers, or for your own research if you don’t employ a lawyer.? I am providing links to laws that I think, but don’t know, are current as of today.? Use them at your own risk.

I make no representation or warranty that this is accurate. I did my best.? Since my website is free, please realize that you get what you pay for.? You’re paying nothing, so don’t expect miracles, and don’t sue me, please?

There. I feel better now.? Here’s the question: if you are a State-registered investment adviser, how many clients can you have in a state where you have no physical presence before you have to register with the state?

This is an important question for me, because I am best known for what I have written at Aleph Blog and RealMoney.com.? I get most of my clients “out of the blue,” e-mailing me and asking what I am doing.

When I was at a meeting with the head of the Maryland Division of Securities last February, she asked if any of us were “internet only” advisors.? I was the only one that raised my hand.? I have far more clients outside of Maryland than inside Maryland.

That ‘s the reverse of most small RIAs that I interact with in Maryland.? They tend to be Maryland-centric.? Good for them.

Back to the question: if you are a State-registered investment adviser, how many clients can you have in a state where you have no physical presence before you have to register with the state?

For most states, the answer is you can have five clients.? Before you take on client number six, on a one year rolling threshold, you must register, which means a lot of paperwork and the payment of fees on an annual basis thereafter.

Note: when you register in 15 states, you have the option of moving to Federal regulation, even if you are still below the $100 million Asset Under Management limit.

Now, unlike other sites that have tried to answer this question, I am giving you links to the state laws that answer this question.? But state laws change.? Links get broken.? Sometimes links don’t get broken, and you get an old version of the law.? Use this as a springboard for your own research, not as a substitute for it.

Here are the states that have the five client “de minimus” limit:

Wyoming does not have registration of investment advisers, as far as I can tell.

Here are the states that require registration on the first client:

I am less certain about Maryland, because other non-governmental sources say it is a “de minimus” state.? I can’t find it in the law or regulations, though.? I have e-mailed both Louisiana and Maryland to clarify their positions, but I haven’t heard back from them yet.? I find it funny that I am registered in two of the odd states, Maryland and Texas.

One more note: occasionally states cite section 222 from the Investment Advisers Act of 1940, which gives a national “de minimis” standard.? But that’s not a national standard, and thus Louisiana, Maryland and Texas require filing on the first client, and in Wyoming, you never file.

On the journey to gather this data, I found that some states have very good websites and some are quite poor.? Some go out of their way to help investment advisers, and some seem to have little interest in that.? Some follow the model law in one of its historical variations, and some are eclectic, or even weird.? Still, there seems to be more standardization in securities law for investment advisers than for life insurers.? That’s not saying much.

For those reading this, let me know about errors, broken links, law changes, etc.? I might repost this someday.

And remember, this could all be wrong, outdated, etc., so do your own due diligence or hire a lawyer.

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