US Code

Public Law 119-102 (07/12/2026)

15 U.S.C. § 80b–18a

State regulation of investment advisers

Section text and notes

(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 Pub. L. 86–750, § 1674 Stat. 888 Pub. L. 104–290, title III, § 304110 Stat. 3438 Pub. L. 105–353, title III, § 301(d)(2)112 Stat. 3237 Pub. L. 111–203, title IX, § 985(e)(4)124 Stat. 1935 (, title II, § 222, as added , , ; amended , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 111–2032010—Subsecs. (b), (c). substituted “principal office and place of business” for “principal place of business” wherever appearing.

Pub. L. 105–3531998—Subsec. (b)(2). substituted “principal” for “principle”.

Pub. L. 104–2901996— 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 Amendment

Pub. L. 111–203section 4 of Pub. L. 111–203section 5301 of Title 12Amendment by effective 1 day after , except as otherwise provided, see , set out as an Effective Date note under , Banks and Banking.

Effective Date of 1996 Amendment

Pub. L. 104–290section 308(a) of Pub. L. 104–290section 80b–2 of this titleAmendment by effective 270 days after , see , as amended, set out as a note under .