Does maintaining a place of business in the state trigger a notice filing (regardless of number of clients)?
Yes, unless the adviser’s only clients in Nevada are investment advisers, broker-dealers or financial or institutional investors.
NEV. REV. STAT. ANN. § 90.340(1)(a)(1)
NEV. REV. STAT. ANN. § 90.340(1)(a)(2)
NEV. REV. STAT. ANN. § 90.340(1)(a)(3)
What is the maximum number of clients an adviser can have in the state without triggering a notice filing?
5 current or prospective clients.
NEV. REV. STAT. ANN. § 90.340(1)(a)(3)
What sorts of clients are not counted for purposes of determining whether to notice file?
- investment advisers,
- broker-dealers or
- financial, or institutional investors.
NEV. REV. STAT. ANN. § 90.340(1)(a)(1)
Financial or institutional investors are: depository institutions; insurance companies; separate accounts of an insurance companies; investment companies; employee pension, profit-sharing, or benefit plans with total assets over $5,000,000 or if its investment decisions are made by a named fiduciary; or any other institutional buyer.
NEV. REV. STAT. ANN. § 90.240
Viewing of these pages does not establish an attorney-client relationship. The information above is informational purposes only and should not be construed as legal advice. A lawyer should be consulted to confirm both applicability and any other issues that might affect or apply to your situation.