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

I just received this letter from the CFP Board. Thank you, Thank you, THANK YOU!

David Y

LATEST NEWS AND ARTICLES

January 16, 2026
SEC Signals Sweeping IPO Rule Changes to Ease Path for Smaller Companies

The Securities and Exchange Commission (SEC) plans to overhaul its public offering framework to make it easier for smaller companies to access the public markets, according to remarks SEC Chairman Paul Atkins delivered at the New York Stock Exchange, as reported by Bloomberg Law.

January 15, 2026
FINRA Flags Risks of Early Withdrawals and Exchanges in Registered Index-Linked Annuities

The Financial Industry Regulatory Authority (FINRA) has issued a renewed warning to the industry about the risks consumers face when they exit registered index-linked annuities (RILAs) before the end of the contract term.

January 14, 2026
FINRA Fines and Suspends Wells Fargo Advisor Over Fictitious Expense Claims

The Financial Industry Regulatory Authority (FINRA) fined and suspended a Wells Fargo Advisors representative in Waco, Texas, after finding that he submitted fictitious business expense claims, according to a FINRA Acceptance, Waiver and Consent (AWC) letter.