The Securities and Exchange Commission (SEC) and the Financial Crimes Enforcement Network (FinCEN) have jointly proposed new regulations requiring registered investment advisers (RIAs) and exempt reporting advisers (ERAs) to create and maintain detailed customer identification programs (CIPs). This initiative is part of a broader effort to enhance the fight against money laundering and the financing of terrorism within the U.S. financial system.

The proposed rules would oblige these advisers to establish procedures to effectively identify and verify the identities of their clients. The aim is to ensure that RIAs and ERAs can confirm the true identities of their customers, thereby making it harder for individuals using false identities to use financial advisers for illicit activities such as laundering money, financing terrorism, or other criminal acts.

This proposal complements another from February 2024, which suggested labeling RIAs and ERAs as “financial institutions” under the Bank Secrecy Act. This designation would subject them to additional anti-money laundering (AML) and counter-financing of terrorism (CFT) obligations, such as the requirement to report suspicious activities.

What does this mean for the industry?

• Increased Compliance Costs. Investment advisers will likely face higher costs due to the need to implement and maintain these new identification systems and procedures.
• Enhanced Oversight. The proposals indicate a move towards stricter regulation and oversight of the investment adviser sector, which could lead to more rigorous examinations and audits.
• Market Entry Barriers. New and smaller advisories might find these new requirements more challenging, potentially raising barriers to entry in the sector.
• Improved Industry Reputation. By helping to ensure that the investment adviser sector is not a vehicle for financial crime, these measures could improve the overall reputation of the industry.
• Operational Changes. Firms will need to adjust their operational processes to comply with these rules, which may include upgrading technology systems or training staff to handle new compliance tasks.

If implemented, these regulations will significantly change the operational landscape for investment advisers by mandating thorough identity verification measures. The rules will require investment advisers to adapt by developing sophisticated systems to ensure they know the true identities of their clients, aligning them more closely with the stringent regulatory standards applied to other financial institutions.