South Dakota Requirements for Starting an RIA

South Dakota RIA Registration and Compliance

If you’re looking to register a new Registered Investment Advisor (RIA) in South Dakota, our experienced team and broad network of industry-leading partners are here to help you achieve your goals and navigate South Dakota’s state regulatory guidelines, enabling you to focus on what you do best.

We are committed to helping South Dakota-based advisors by providing true simplicity. We thoroughly understand your business today and your goals for tomorrow before beginning our work. This foundation of understanding forms the base of our “we-do-the-heavy-lifting-for-you” service style and ensures our custom work aligns perfectly with your intentions.

South Dakota RIA Registration

To register an RIA in South Dakota in 2024, you will need to submit the documents listed below and pay an initial firm filing fee to South Dakota’s Securities Division. Please verify the current fee structure, as it may have changed.

Required Documents for Approval

These documents are required whether you’re filing a new RIA for the first time or expanding into South Dakota:

• Form ADV Part 1
• Form ADV Part 2A
• Form ADV Part 2B (at least one Investment Adviser Representative (IAR))
• Form U4 (at least one IAR)
• Wrap-Fee Brochure (if applicable)
• Client Agreement(s)
• Corporate Documents, Filings & Financial Statements
• Net Capital Requirements of $10,000 if Servicing Discretionary AUM
• GAAP Balance Sheet & Income Statement

Additional Requirements for New RIAs

If you are seeking approval as a state RIA for the first time, you will also need to complete the following:

• SAA Creation & FINRA Entitlement
• IARD/CRD Access & Authentication
• E-billing Establishment & Processing

Compliance and Beyond

These documents and processes guide your RIA and ensure adherence to regulations. Although these documents will not be reviewed or approved by regulators during the application process, your RIA is expected to develop, maintain, and adhere to adequate standards, including:

• Policies & Procedures Manual
• Code of Ethics
• Cybersecurity Policy
• Privacy Policy
• Business Continuity Plan
• Compliance Procedures, Monitoring, & Execution

If you’re interested in learning more about successfully filing a new South Dakota RIA or need to register an existing RIA in South Dakota to comply with De Minimis rules, you can reach us by phone at (810) 227-2549 or submit our contact form. Learn more about our turn-key New State RIA Registration services or explore our additional state filing services.

South Dakota Annual RIA Renewals

In 2024, each South Dakota RIA must pay state firm annual renewal fees via FINRA’s IARD system. Within 90 days of the new year, each South Dakota RIA must file its annual amendments, indicating material changes and certifying complete disclosure provenance, in addition to executing the renewal process for each firm’s IARs. Verify the current renewal fees and deadlines for 2024.

Whether you need a cost-effective solution for your annual compliance requirements that can scale to meet your needs on demand or require a comprehensive compliance program and officer, we have the experience, know-how, and resources to protect your firm in an evolving regulatory climate.

South Dakota IAR Registration

Becoming an IAR licensed in South Dakota requires meeting the licensing requirements or waivers detailed below and payment of an initial registration fee. The current fee may have changed, so please confirm with the South Dakota Securities Division.

Once licensed, South Dakota IARs must be registered with an approved RIA firm within two years to maintain their license, which involves updating the Advisor’s Form U4 and creating a Form ADV Part 2B brochure supplement. Registration with an approved investment advisor firm is required before conducting any investment advisory business.

Licensing Requirements

To be licensed as an IAR in South Dakota, an individual must meet and/or maintain one or more of the following criteria:

• Series 65 License
• Series 7 & 66 Licenses
• CFP Designation
• CFA Designation
• ChFC Designation
• CIC Designation
• PFS Designation

If you are interested in becoming a Series 65 Licensed IAR in South Dakota or are looking for a turn-key solution to process your inbound IAR’s U4s and creation of ADV Part 2B Brochure Supplements, contact us today by calling (810) 227-2549 or submit our contact form.

IAR Renewals

Each year, an IAR must successfully complete the requirements of their firm’s compliance program, certify and acknowledge the firm’s policies and procedures, and ensure the ongoing accuracy of their Form U4 and ADV Part 2B Brochure Supplement. They must also pay their annual renewal fees for continued registration in South Dakota. Verify the current renewal fees for 2024.

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