Laws & RegulationsQuestion 79 of 110

Under the Investment Advisers Act of 1940, which three elements define a person as an investment adviser (the 'three-prong test')?

a.Registration, bonding, and examination
b.Custody, discretion, and compensation
c.Providing advice about securities, as a business, for compensation
d.Managing over $100 million, having employees, and using a custodian

Explanation

The three-prong test defines an investment adviser as a person who (1) provides advice or analysis about securities, (2) does so as part of a business, and (3) receives compensation for it. Meeting all three prongs generally triggers the definition. Certain professionals may qualify for exclusions if their advice is incidental.

Law Reference: Investment Advisers Act of 1940

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