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Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

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Section 204 -- Reports by Investment Advisers

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1. In general. Every investment adviser who makes use of the mails or of any means or instrumentality of interstate commerce in connection with his or its business as an investment adviser (other than one specifically exempted from registration pursuant to section 203(b) of this title, shall make and keep for prescribed periods such records (as defined in section 3(a)(37) of the Securities Exchange Act of 1934, furnish such copies thereof, and make and disseminate such reports as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. All records (as so defined) of such investment advisers are subject at any time, or from time to time, to such reasonable periodic, special, or other examinations by representatives of the Commission as the Commission deems necessary or appropriate in the public interest or for the protection of investors.
   
   
2. Filing depositories. The Commission may, by rule, require an investment adviser
   
   
   1. to file with the Commission any fee, application, report, or notice required to be filed by this title or the rules issued under this title through any entity designated by the Commission for that purpose; and
      
      
   2. to pay the reasonable costs associated with such filing and the establishment and maintenance of the systems required by subsection (c).
      
      
3. Access to disciplinary and other information.
   
   
   1. Maintenance of system to respond to inquiries.
      
      
      1. In general. The Commission shall require the entity designated by the Commission under subsection (b)(1) to establish and maintain a toll-free telephone listing, or a readily accessible electronic or other process, to receive and promptly respond to inquiries regarding registration information (including disciplinary actions, regulatory, judicial, and arbitration proceedings, and other information required by law or rule to be reported) involving investment advisers and persons associated with investment advisers.
         
         
      2. Applicability. This subsection shall apply to any investment adviser (and the persons associated with that adviser), whether the investment adviser is registered with the Commission under section 203 or regulated solely by a State, as described in section 203A.
         
         
   2. Recovery of costs. An entity designated by the Commission under subsection (b)(1) may charge persons making inquiries, other than individual investors, reasonable fees for responses to inquiries described in paragraph (1).
      
      
   3. Limitation on liability. An entity designated by the Commission under subsection (b)(1) shall not have any liability to any person for any actions taken or omitted in good faith under this subsection.
      
      

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