delete PART 279—FORMS PRESCRIBED UNDER THE INVESTMENT ADVISERS ACT OF 1940
This regulation from the Investment Advisers Act of 1940 specifies the forms that investment advisers must file for registration, withdrawal, hardship exemptions, and appointments of agents. It establishes a mandatory federal registration and reporting regime for individuals and firms providing investment advice, under the jurisdiction of the Securities and Exchange Commission.
The mandatory registration regime imposes significant compliance costs that distort the market, protect incumbent firms from competition, and exceed any constitutional authority. Smaller advisory firms bear disproportionate costs, creating barriers to entry that limit consumer choice. The federal government lacks proper constitutional authority over purely intrastate investment advising, violating federalism principles. Market discipline through reputation, transparency, and state-level oversight would more efficiently protect investors without theheavy-handed federal bureaucracy that enables regulatory capture.