Form Adv (Paper Version) General Instructions Page 16
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35you only advise plan participants on allocating their investments within their pension
plans. See SEC rule 203A-2(a).
• To calculate the value of assets for purposes of this exemption, aggregate the assets of
the plans for which you provided advisory services at the end of the 12-month period.
If you provided advisory services to other plans during the 12-month period, but your
employment or contract terminated before the end of the 12-month period, you also
may include the value of those assets.
f. Item 2.A.(8): Related Adviser. You may check box 8 only if you are eligible for the
related adviser exemption from the prohibition on SEC registration. See SEC rule 203A-
2(b). You are eligible for this exemption if you control, are controlled by, or are under
common control with an investment adviser that is registered with the SEC, and you have
the same principal office and place of business as that other investment adviser. Note
that you may not rely on the SEC registration of an Internet adviser under rule 203A-2(e)
in establishing eligibility for this exemption. See SEC rule 203A-2(e)(1)(iii). If you
check box 8, you also must complete Section 2.A.(8) of Schedule D.
g. Item 2.A.(9): Adviser Expecting to be Eligible for Registration within 120 Days.
You may check box 9 only if you are eligible for the exemption from the prohibition on
SEC registration available to advisers expecting to be eligible for SEC registration within
120 days, such as a newly formed adviser. See SEC rule 203A-2(c). You are eligible for
this exemption if immediately before you file your application for registration with the
SEC:
• you were not registered or required to be registered with the SEC or a state securities
authority; and
• you have a reasonable expectation that you will be eligible to register with the SEC
within 120 days after the date that your registration with the SEC becomes effective.
If you check box 9, you also must complete Section 2.A.(9) of Schedule D.
You must file an amendment to Part 1A of your Form ADV that updates your response to
Item 2.A. within 120 days after the SEC declares your registration effective. You may
not check box 9 on your amendment; since this exemption is available only if you are not
registered, you may not “re-rely” on this exemption. If you indicate on that amendment
(by checking box 13) that you are not eligible to register with the SEC, you also must file
a Form ADV-W to withdraw your SEC registration no later than 120 days after your
registration was declared effective. You should contact the appropriate state securities
authority to determine how long it may take to become state-registered sufficiently in
advance of when you are required to file Form ADV-W to withdraw from SEC
registration.
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