DEFINITION of SEC Form ADV-H
SEC Form ADV-H is an application for either a temporary or continuing hardship exemption previously granted by the SEC. The form contains identifying information of the adviser, and the reason for the hardship continuance request. This infomation must be provided regardless of whether the hardship is temporary or continuing.
BREAKING DOWN SEC Form ADV-H
SEC Form ADV-H is pursuant to the Investment Advisers Act of 1940. Only small business advisers are eligible for continuing hardship exemptions. The information supplied on the form will differ slightly, depending upon which type of hardship is requested.
Elements and Requirements of SEC Form ADV-H
Part 1A asks a number of questions about the petitioning party, their business practices, the persons who own and control them, and the persons who provide investment advice on their behalf. All advisers registering with the SEC or any of the state securities authorities must complete Part 1A. Exempt reporting advisers (that are not also registering with any state securities authority) must complete only the following Items of Part 1A: 1, 2, 3, 6, 7, 10, and 11, as well as corresponding schedules. Exempt reporting advisers that are registering with any state securities authority must complete all of Form ADV-H.
Part 1A also contains several supplemental schedules:
- Schedule A asks for information about direct owners and executive officers.
- Schedule B asks for information about indirect owners.
- Schedule C is used by paper filers to update the information required by Schedules A and B.
- Schedule D asks for additional information for certain items in Part 1A.
- Schedule R asks for additional information about relying advisers.
- Disclosure Reporting Pages (or DRPs) are schedules that ask for details about disciplinary events involving you or your advisory affiliates.
Part 1B asks additional questions required by state securities authorities. Part 1B contains three additional DRPs. If applying for SEC registration or are registered only with the SEC, Part 1B is not required.
Part 2A requires advisers to create narrative brochures containing information about the advisory firm. The requirements in Part 2A apply to all investment advisers registered with or applying for registration with the SEC, but do not apply to exempt reporting advisers. Every application for registration must include a narrative brochure prepared in accordance with the requirements of Part 2A of Form ADV-H.
Part 2B requires advisers to create brochure supplements containing information about certain supervised persons. The requirements in Part 2B apply to all investment advisers registered with or applying for registration with the SEC, but do not apply to exempt reporting advisers.