New Treasury Rules Impose AML/CFT Requirements on Investment Advisers

Posted on September 11th, 2024 at 10:58 AM
New Treasury Rules Impose AML/CFT Requirements on Investment Advisers

From the desk of Jim Eccleston at Eccleston Law

The U.S. Treasury Department has finalized anti-money-laundering (AML) regulations targeting investment advisers registered with the U.S. Securities and Exchange Commission (SEC). According to the DI Wire, The Financial Crimes Enforcement Network (FinCEN) introduced two final rules aimed at curbing money laundering: one for investment advisers and exempt reporting advisers, and another for residential real estate advisers.

These new rules classify Registered Investment Advisers (RIAs) and exempt reporting advisers as “financial institutions” under the Bank Secrecy Act, making them subject to AML and countering the financing of terrorism (CFT) program requirements. This move comes after a Treasury risk assessment revealed that the investment adviser industry has repeatedly been exploited as an entry point for illicit funds tied to foreign corruption, fraud, tax evasion, and other criminal activities.

Historically, AML/CFT obligations have been imposed on banks, broker-dealers, and mutual funds. SEC Chair Gary Gensler supported the proposal earlier this year, emphasizing that the rule is designed to prevent terrorists and criminals from accessing U.S. financial markets through false identities established with investment advisers.

The final rule, while similar to the original proposal, narrows its scope by excluding certain categories of advisers, such as “mid-sized,” “multi-state,” and “pension consultants”, as well as RIAs that do not report assets under management to the SEC. The rule does not apply to state-registered advisers. Those affected must establish a "risk-based and reasonably designed" AML/CFT program, file suspicious activity reports with FinCEN, and maintain specific records related to fund transmittals.

According to DI Wire, firms must comply with the new rule by January 1, 2026. However, RIAs advising mutual funds, which are already covered under the Bank Secrecy Act, will not need to implement additional AML/CFT requirements for those funds.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

January 7, 2026
FINRA Releases 2026 Regulatory Oversight Report, Spotlighting Private Placement Compliance Risks

The Financial Industry Regulatory Authority (FINRA) released its 2026 Annual Regulatory Oversight Report, responding directly to member feedback and reinforcing its stated mission to protect investors and promote market integrity.

January 6, 2026
SEC Halts Review of Ultra-Leveraged ETFs, Citing Risk Limits

The U.S. Securities and Exchange Commission (SEC) has stepped in to curb the expansion of ultra-leveraged exchange-traded funds, issuing a series of warning letters that effectively block proposed products designed to deliver three- and five-times the daily returns of stocks, commodities, and cryptocurrencies.

January 5, 2026
FINRA Suspends Former UBS Broker Over Personal Credit Card Transfers

The Financial Industry Regulatory Authority (FINRA) has sanctioned a former UBS Wealth Management USA broker, Timothy R. Jones.