Dodd-Frank Wall Street Reform and Consumer Protection Act | The Department of Financial Protection and Innovation (2024)

On July 21, 2010, President Barack Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) into law. Under Dodd-Frank, federally registered investment advisers who manage assets under $100 million will need to transition their registration from federal to state (there are certain exceptions). The deadline to transition is July 16, 2011. The Department will update this page as information is made available. Please feel free to check back often. If you have any questions please call (916) 576-3638 or the Department’s Customer Service Center at (866) 275-2677.

Updates

  • On July 21, 2011, an emergency regulation became operative to delay the elimination of the current exemption from registration for investment advisers who are deemed “private advisers” under the Wall Street Regulatory Reform and Consumer Protection Act (the Dodd-Frank Act). Private advisers may continue to rely on the exemption from registration for an additional 180 days. (See PRO 02/11 E, Commissioner’s May 13, 2011 Letter)
  • 07/18/11 – The Commissioner of Corporations has adopted emergency regulations amending Section 260.204.9 of Title 10 of the California Code of Regulations extending the current exemption from registration for investment advisers who are deemed “private advisers”. These emergency regulations become effective July 21, 2011 and remain in effect for 180 days. (PRO 02/11 – E)
  • 05/13/11 – The Department of Financial Protection and Innovation will soon issue emergency regulationsto address the July 21, 2011 elimination of the current exemption from registration for investment advisers who are deemed “private advisers” under the Wall Street Regulatory Reform and Consumer Protection Act (“Dodd-Frank”).
  • 04/11/11 – Deadline for Investment Advisers to Comply With The Dodd-Frank Act May Be Extended – Due to the time needed to revise the Investment Advisor Registration Depository (IARD) and other timing issues, the SEC is considering extending the time for investment advisers to come into compliance with the requirements of The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”). Specifically, investment advisers transitioning from SEC registration to state registration and advisers relying on the “private advisers” exemption likely will be given until at least the first quarter of 2012 to comply with the requirements of Dodd-Frank (See SEC letter to NASAA).

The Department will continue to work with the SEC and registered investment advisers to ensure the smooth and timely implementation of Dodd-Frank. Updates will be posted to this website as additional information becomes available.

Correspondence

10/07/11 – Notice to Mid-Sized Investment Advisory Firms Transitioning to California Regulation [Full Text of Letter] | [California Instructions]

05/13/11 – The Department of Financial Protection and Innovation will soon issue emergency regulations to address the elimination of the current exemption from registration for investment advisers who are deemed “private advisers”. [See Full Text of Letter]

01/21/11 –Commissioner’s update on mid-sized private fund advisers, and comment letter on the SEC’s proposed definition of “Venture Capital Fund.” In light of the repeal of the “private advisers” exemption under theInvestment Advisers Act of 1940, the Commissioner is considering amending Rule 260.204.9 of Title 10 of the California Code of Regulations.

11/09/10 – The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) was signed into law by President Barack Obama on July 21, 2010. Dodd-Frank promotes consumer protection and improves stability in the financial markets. One requirement of Dodd-Frank is the transition of some investment advisers from regulation under the Securities Exchange Commission (SEC) to state regulation. Specifically the law requires that investment advisers that manage assets under $100 million must now register with state securities regulators in the states in which they operate. There are exemptions to this provision in the law. The transition to state regulation must be completed by July 16, 2011. [See full text of letter]

Frequently Asked Questions

Dodd-Frank FAQS

Common Questions Regarding the Pending Transition for Mid-Sized Investment Advisers

Dodd-Frank Wall Street Reform and Consumer Protection Act | The Department of Financial Protection and Innovation (2024)

FAQs

What does the Dodd-Frank Wall Street Reform and consumer Act do? ›

Ending bailouts: Reform will constrain the growth of the largest financial firms, restrict the riskiest financial activities, and create a mechanism for the government to shut down failing financial companies without precipitating a financial panic that leaves taxpayers and small businesses on the hook.

What is the Dodd-Frank Act for financial companies? ›

Dodd-Frank defines a financial company as one incorporated or organized under any provisions of State or Federal law and is a bank holding company as defined under the Bank Holding Company Act of 1956, a nonbank financial company supervised by the Board of Governors of the Federal Reserve System (the “Fed”), a company ...

What two governmental agencies were established in the Dodd-Frank Wall Street Reform and Consumer Protection Act? ›

The Dodd-Frank Act created four new federal agencies: the Consumer Financial Protection Bureau (CFPB), the Office of Financial Research (OFR), the Federal Insurance Office (FIO), and the Financial Stability Oversight Council (FSOC).

What is the main focus of the Dodd-Frank Act quizlet? ›

To protect consumers from abusive financial services practices.

Does Dodd-Frank allow banks to take your money? ›

Previously, banks could use depositor funds to trade in securities. Because of this, in 2008, JPMorgan Chase lost $6.2 billion on risky trading. To prevent similar cases, the Dodd-Frank Act has created a Volcker rule. It prohibits banks from trading customer's deposits for their profit and using or owning hedge funds.

What did the consumer protection act do? ›

The Act gave the Bureau broad authority to protect consumers from unfair, deceptive, or abusive acts and practices and transferred lender data collection responsibilities under the Home Mortgage Disclosure Act from the Federal Reserve to the Bureau.

What does Dodd-Frank Act prohibit? ›

The Dodd-Frank Act restricted the emergency lending or bailout authority of the Federal Reserve by: Prohibiting lending to an individual entity. Prohibiting lending to insolvent firms. Requiring approval of lending by the Secretary of the Treasury.

Who does Dodd-Frank apply to? ›

Examination and Enforcement: Authority to examine and enforce regulations for banks and credit unions with assets of over $10 billion and all mortgage-related businesses (lenders, servicers, mortgage brokers, and foreclosure scam operators), payday lenders, and student lenders as well as other non-bank financial ...

What is the purpose of Dodd? ›

Dodd-Frank is intended to curb the extremely risky financial industry activities that led to the financial crisis of 2007–2008. Its goal was, and still is, to protect consumers and taxpayers from egregious practices like predatory lending.

What was formed by the Dodd-Frank Reform Act the Consumer Financial Protection Bureau? ›

Title X of this Act creates a new Bureau of Consumer Financial Protection within the Federal Reserve Board as a new supervisor for certain financial firms and as a rulemaker and enforcer against unfair, deceptive, abusive, or otherwise prohibited practices relating to most consumer financial products or services.

Was the Dodd-Frank Wall Street reform Act a response to the financial crisis of 2008? ›

The Dodd-Frank Act, signed into law in July 2010, spans 2,300 pages and directs federal regulators to burden job creators and the economy with more than 400 new rules and mandates. The Act was touted by its supporters as “Wall Street reform” and Washington's response to the financial crisis of 2008.

What is another name for the Dodd-Frank Act? ›

In the aftermath of the 2008 financial crisis, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) enhanced the CFTC's regulatory authority to oversee the more than $400 trillion swaps market.

What are the four objectives of the Dodd-Frank Act? ›

Dodd–Frank reorganized the financial regulatory system, eliminating the Office of Thrift Supervision, assigning new jobs to existing agencies similar to the Federal Deposit Insurance Corporation, and creating new agencies like the Consumer Financial Protection Bureau (CFPB).

What are the principles of the Dodd-Frank Act? ›

Simple principles like. . . . Markets should be transparent. Regulation should be consistent, without gaps that can be exploited by those who wish to indulge in risky, destabilizing or illegal behavior. Market participants, not taxpayers, should bear the risks of their market activities.

How does the Dodd-Frank Wall Street Reform and the Consumer Protection Act both reward whistle blowers who report securities law violations? ›

Background: Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act provides that the Commission shall pay awards to eligible whistleblowers who voluntarily provides the SEC with original information that leads to a successful enforcement action yielding monetary sanctions of over $1 million.

Which of the following statements about the Dodd-Frank Wall Street Reform and Consumer Protection Act is true? ›

Answer. The following statement about the Dodd-Frank Wall Street Reform and Consumer Protection Act is true: It was designed to make the financial services industry more responsible. So the right option is (d). The Dodd-Frank Wall Street Reform and Consumer Protection Act was passed into law in July 2010.

What is Title V of the Dodd-Frank Wall Street Reform and Consumer Protection Act? ›

Title V of the Dodd-Frank Act establishes a Federal Insurance Office (FIO) within the Department of the Treasury to promote national coordination in the insurance sector.

What are the five areas included in the Dodd-Frank Act of 2010? ›

What are the five areas included in the​ Dodd-Frank Act of​ 2010? Consumer​ protection, resolution​ authority, systemic risk​ regulation, Volcker​ rule, and derivatives. a well-capitalized financial institution has​ ________ to lose if it fails and thus is​ ________ likely to pursue risky activities.

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