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Notice to Form ADV FilersFilers should be aware of the following: Rule 204-1 under the Advisers Act requires advisers to file an "Annual Updating Amendment" to Form ADV with the Commission within 90 days after their firm's fiscal year end. Many advisers have a December 31 fiscal year end, which means that they would have to file their annual amendment by March 31, 2013. This year, March 31 falls on a Sunday. In addition, Friday, March 29, 2013 is a holiday for FINRA (the entity that runs the IARD system). The IARD system therefore is closed both March 29 and March 31, 2013. Rule 0-4 under the Advisers Act provides that fillings required to be made through the IARD on a day that the IARD is closed will be considered timely filed with the Commission if filed through the IARD no later than the following business day. (See Title 17: Commodity and Securities Exchanges Part 275 - Rules and Regulations, Investment Advisers Act of 1940) Therefore, advisers with a December 31 fiscal year end may file their Annual Updating Amendments no later than Monday, April 1, 2013. If you have any questions about the Form ADV deadlines, please contact: The Office of Chief Counsel / Public Inquiry Phone: (202) 551-6865
http://www.sec.gov/divisions/investment/imannouncements/formn-mfp-im.htm
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