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LegalText 15 U.S.C. § 80b18a State regulation of investment advisers us united_states_code code_section 15 COMMERCE AND TRADE 2D INVESTMENT COMPANIES AND ADVISERS 80b18a 15 U.S.C. § 80b18a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s80b18a data/legal/raw/us/code/title-15/usc15.xml f27d77d740511939b44ee3926450b8da74c05ad60c0d27e89dced97d67b1824e 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 c42063abe140acbeb48b221679a93f2643e46ae30b2de13fcb8f01783494af27 2026-07-04 official
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15 U.S.C. § 80b18a - State regulation of investment advisers

Text

(a) Jurisdiction of State regulators Nothing in this subchapter shall affect the jurisdiction of the securities commissioner (or any agency or officer performing like functions) of any State over any security or any person insofar as it does not conflict with the provisions of this subchapter or the rules and regulations thereunder.

(b) Dual compliance purposes No State may enforce any law or regulation that would require an investment adviser to maintain any books or records in addition to those required under the laws of the State in which it maintains its principal office and place of business, if the investment adviser—

(1) is registered or licensed as such in the State in which it maintains its principal office and place of business; and

(2) is in compliance with the applicable books and records requirements of the State in which it maintains its principal office and place of business.

(c) Limitation on capital and bond requirements No State may enforce any law or regulation that would require an investment adviser to maintain a higher minimum net capital or to post any bond in addition to any that is required under the laws of the State in which it maintains its principal office and place of business, if the investment adviser—

(1) is registered or licensed as such in the State in which it maintains its principal office and place of business; and

(2) is in compliance with the applicable net capital or bonding requirements of the State in which it maintains its principal office and place of business.

(d) National de minimis standard No law of any State or political subdivision thereof requiring the registration, licensing, or qualification as an investment adviser shall require an investment adviser to register with the securities commissioner of the State (or any agency or officer performing like functions) or to comply with such law (other than any provision thereof prohibiting fraudulent conduct) if the investment adviser—

(1) does not have a place of business located within the State; and

(2) during the preceding 12-month period, has had fewer than 6 clients who are residents of that State.

(Aug. 22, 1940, ch. 686, title II, § 222, as added Pub. L. 86750, § 16, Sept. 13, 1960, 74 Stat. 888; amended Pub. L. 104290, title III, § 304, Oct. 11, 1996, 110 Stat. 3438; Pub. L. 105353, title III, § 301(d)(2), Nov. 3, 1998, 112 Stat. 3237; Pub. L. 111203, title IX, § 985(e)(4), July 21, 2010, 124 Stat. 1935.)

Notes

Editorial Notes

Amendments2010—Subsecs. (b), (c). Pub. L. 111203 substituted “principal office and place of business” for “principal place of business” wherever appearing. 1998—Subsec. (b)(2). Pub. L. 105353 substituted “principal” for “principle”. 1996—Pub. L. 104290 substituted “regulation” for “control” in section catchline and amended text generally, designating existing provisions as subsec. (a), inserting heading, and adding subsecs. (b) to (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.

Effective Date of 1996 AmendmentAmendment by Pub. L. 104290 effective 270 days after Oct. 11, 1996, see section 308(a) of Pub. L. 104290, as amended, set out as a note under section 80b2 of this title.