Form ADV-H Submission for Hardship Exemption Requests
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This notice informs investment advisers about the process to apply for hardship exemptions from electronic filing requirements with the Securities and Exchange Commission. Advisers can apply for either temporary or continuing hardship exemptions through Form ADV-H. Temporary exemptions cater to unexpected technical difficulties, while continuing exemptions help small businesses facing costly filing burdens.
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Key Changes
- Enables investment advisers to apply for hardship exemptions from electronic filing.
- Introduces two types of exemptions: temporary and continuing.
- Requires specific filing procedures and deadlines for exemption applications.
Obligations
What this law requires
Investment advisers with unanticipated technical difficulties must file Form ADV-H in paper format no later than one business day after the subject filing was due to the IARD system
Investment advisers granted temporary hardship exemptions must submit the subject filing electronically through IARD no later than seven business days after the subject filing was due
Investment advisers applying for continuing hardship exemptions must file Form ADV-H at least ten business days before a filing is due
Investment advisers applying for continuing hardship exemptions must demonstrate that electronic filing requirements are prohibitively burdensome or expensive
The SEC must grant or deny continuing hardship exemption applications within ten business days after an adviser files Form ADV-H