Custody Rule

Our Private Fund Custody service provides a custody solution for those seeking an independent qualified custodian in accordance with rule 206(4)-2, the "custody rule" under the Investment Advisers Act of 1940. The custody rule requires registered investment advisers that have custody of client funds or securities to maintain those assets with qualified custodians. The SEC’s intent was to design requirements to enhance protections for advisor-client assets while reducing the burdens on advisors that have custody of client assets.

Custody rule's key requirements include:

  • Use of a "qualified custodian" to hold client assets
  • Notices to clients detailing how their assets are being held
  • Account statements for clients detailing their holdings
  • Annual surprise exams
  • Additional requirements when a related qualified custodian is used
  • The audit approach for advisers of pooled investment vehicles

The rule's objective is to increase protection for investors.