Tr?id=566623520170033&ev=PageView&noscript=1

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
Quotes Bigger

Fantastic news!!!!  Your professionalism, support and expertise were greatly appreciated.  You made a difficult situation much more bearable.

Marci M.

LATEST NEWS AND ARTICLES

1781893504 Law
June 19, 2026
FINRA Suspends Former Stifel Rep for Undisclosed Customer Settlements

The Financial Industry Regulatory Authority (FINRA) has suspended a former Stifel representative for three months and imposed a $10,000 fine after finding that she settled customer complaints without notifying her firm and conducted securities-related communications through an unapproved personal device.

1781798110 Law
June 18, 2026
Silver Star Properties REIT Files for Chapter 11 Bankruptcy Amid Mounting Defaults and Investor Losses

Silver Star Properties REIT, a publicly registered nontraded real estate investment trust formerly known as Hartman Short Term Income Properties XX Inc., has filed for Chapter 11 bankruptcy protection, according to reports by AltsWire.

1781712614 Law
June 17, 2026
As Wealth Management Consolidation Accelerates, Some Advisors Reevaluate the Meaning of Independence

According to AdvisorHub, the independent wealth management industry has entered a new phase of evolution, prompting some advisors to question whether the firms that once championed independence now increasingly resemble the traditional institutions many advisors left behind.