Qualified Client (2024)

A qualified client is an investor that is exempt from the provision of the Investment Advisers Act of 1940. This act prohibits private investment funds from charging performance-based fees. A "qualified client" meets at least one of the following parameters:

  • An individual with at least $1 million in assets under management with the advisor immediately after entering into an investment advisory contract with the advisor.
  • An individual with a net worth of $2.1 million or more, either individually or jointly with a spouse, immediately before entering into an advisory contract, not including the value of their primary residence. This is significantly more than the minimum required for accredited investors.
  • An individual who matches the definition of a qualified purchaser at the time an advisory contract is enacted — including ownership of at least $5 million in investments.
  • An individual with the position of executive officer, director, trustee, general partner, a person serving in a similar role, or the advisor.
  • An employee of the advisor who is involved in the investment activities, and has been so for at least one year.

Any investment fund that charges a performance-based fee is restricted to qualified clients. Accredited investors do not meet the qualifications for participating in a fund that charges a performance fee.

A common performance fee structure is 2 and 20. This means a 2% management fee is charged on assets under management (AUM) and a 20% fee on fund appreciation. In this case, the 20% fee is called a performance fee. To legally charge the 20% fee, all clients investing in the fund must be qualified clients.

Qualified Client Example

An investor with a $2.5 million net worth decides to invest $250,000 into a hedge fund. The fund charges 2 and 20 for its fees, with the latter being a 20% performance fee. The investor meets the minimum $2.1 net worth criteria for a qualified client, allowing the hedge fund manager to charge the investor a performance fee.

Qualified Client (2024)

FAQs

Qualified Client? ›

A qualified client is a person that meets certain thresholds set by the SEC, which for individuals are currently at least $1.1. million in assets under management with the applicable investment advisor or a net worth of at least $2.2 million.

Who is a qualified client for finra? ›

An individual with at least $1 million in assets under management with the advisor immediately after entering into an investment advisory contract with the advisor.

What is the difference between a qualified purchaser and a qualified client? ›

Unlike retail investors, a qualified purchaser and an accredited investor are individual investors who receive private fund investment opportunities. However, a qualified client is a high-net-worth individual who passes the assets under management test.

What is the limit for qualified clients? ›

On 17 June 2021, the U.S. Securities and Exchange Commission (the SEC) issued an order to: (i) increase the net worth threshold for “qualified clients” under Rule 205-3 of the Investment Advisers Act of 1940, as amended (the Advisers Act), from US$2.1 million to US$2.2 million; and (ii) increase the dollar amount of ...

What is the definition of a qualified client in SEC Rule 205-3? ›

Definition of “Qualified Client”

Rule 205-3 exempts an investment adviser from the prohibition when the client is a “qualified client,” which includes a client that meets an assets-under-management test or a net worth test under the rule.

What makes a qualified client? ›

A qualified client (QC) is an individual or entity that meets any of the following criteria: has $1.1M or more of assets under management with the investment adviser after the investment in the fund. has a net worth of $2.2M prior to the investment in the fund (excluding the value of the investor's primary residence)

What is the new definition of qualified client? ›

Effective August 16, 2021, the dollar thresholds specified in the definition of “qualified client” under Rule 205-3 of the Investment Advisers Act of 1940, as amended (Advisers Act) will increase (i) from $2.1 million to $2.2 million (net worth test) and (ii) from $1 million to $1.1 million (assets under management ( ...

Can a trust be a qualified client? ›

Trusts, on the other hand, may qualify under several circ*mstances: the trust has at least $5 million of investable assets and was created by or for two or more family members, the grantor and trustee (or person authorized to make investment decisions on behalf of the trust) are qualified purchasers, or the trust has ...

How do you determine if you are a qualified purchaser? ›

Accredited investor qualifications include income, net worth and securities licensing, while qualified purchasers are only qualified by the size of their assets, which must be greater than $5 million. Investment issuers are responsible for determining whether potential investors are accredited or qualified purchasers.

What makes you a qualified purchaser? ›

An individual or married couple is a qualified purchaser if they have $5 million or more in investments or joint investments, excluding their primary residence or business property. Investments can include: Stocks. Bonds.

Is a knowledgeable employee a qualified client? ›

(“Qualified purchasers” and “knowledgeable employees” are deemed to be “qualified clients.”) In addition, advisers registered with a state securities regulator that incorporates the definition of “qualified client” into its rules may be affected by these changes.

What is the net worth test for qualified client? ›

The SEC Order has raised the Assets-Under-Management Test threshold to $1.1 million and the Net Worth Test threshold to $2.2 million. Prior to the Effective Date, registered investment advisers may continue to enter into advisory contracts and admit investors to private funds based on the current dollar thresholds.

What is considered a qualified account? ›

Qualified plans include 401(k) plans, 403(b) plans, profit-sharing plans, and Keogh (HR-10) plans. Nonqualified plans include deferred-compensation plans, executive bonus plans, and split-dollar life insurance plans.

Who qualified clients within the meaning of Rule 205-3 under the Advisers Act? ›

The definition of “qualified client” in Rule 205-3 also includes any person that is a “qualified pur- chaser” under the Investment Company Act of 1940 (1940 Act) and certain knowledgeable employees as defined in Rule 3c-5 as promulgated under the 1940 Act.

What qualified clients as defined in Rule 205-3 under the Investment Advisers Act of 1940? ›

Rule 205-3 under the Advisers Act permits investment advisers to charge performance fees to clients with at least $500,000 under the adviser's management or with a net worth of more than $1,000,000.

What is a qualified client under the Investment Company Act of 1940? ›

A qualified client also includes both a “qualified purchaser” as defined in section 2(a)(51)(A) of the Investment Company Act of 1940, as amended (the “Investment Company Act”), and an investment adviser's “knowledgeable employees.”

What does it mean to be qualified with FINRA? ›

To become registered, securities professionals must pass qualifying exams administered by FINRA to demonstrate their competence in the particular securities activities in which they will work. An individual must pass the exams prior to engaging in those areas of the business.

What is a qualified client in the Advisers Act? ›

Under current law, a client is considered a qualified client if (i) it has at least $1 million in assets under management with the applicable investment adviser immediately after the time of its initial investment (Assets-Under-Management Test) or (ii) the investment adviser reasonably believes, immediately prior to ...

How does FINRA define customer? ›

The suitability rule applies to a broker-dealer's or registered representative's recommendation of a security or investment strategy involving a security to a "customer." FINRA's definition of a customer in FINRA Rule 0160 excludes a "broker or dealer."9 In general, for purposes of the suitability rule, the term ...

Who is covered under FINRA? ›

FINRA Regulates Broker-Dealers, Capital Acquisition Brokers and Funding Portals. A Broker-Dealer is in the business of buying or selling securities on behalf of its customers or its own account or both. A Capital Acquisition Broker is a Broker-Dealer subject to a narrower rule book.

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