The SEC intends to make inflation adjustments to the assets-under-management and net worth tests in the Advisers Act rule regarding performance-based fees.
Firms consider the use of hedge clauses in advisory agreements, which are commonly used contractual provisions limiting an adviser’s liability to its clients.
The inflation adjustments that increased the assets-under-management and net worth tests in the definition of “qualified client” under the Advisers Act became effective as of August 16, 2021.
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