New FinCEN AML Rule Brings Investment Advisers Under Bank-Like Scrutiny

By Janaya Moscony
SEC³ President
July 15, 2025 | SEC³ Compliance

In a landmark regulatory move, the Financial Crimes Enforcement Network (FinCEN) has finalized its long-anticipated laundering and counter-terrorism financing (AML/CFT) rule for investment advisers. Effective January 1, 2026, the rule places registered investment advisers (RIAs) and exempt reporting advisers (ERAs) under Bank Secrecy Act (BSA)-style compliance obligations–ushering in a new era of heightened monitoring and reporting expectations across the advisory space.

Who’s In Scope – and Who Isn’t

The rule applies broadly to SEC-registered RIAs and ERAs, with a few carve-outs. Firms such as mid-sized advisers, pension consultants, family offices, and advisers reporting no assets under management (AUM) are exempt. Foreign private advisers, however, are in scope if their advisory activities touch the U.S. – whether through domestic clients, funds, or employees operating in the United States.

What’s Required

The rule introduces a five-pillar AML/CFT framework that RIAs and ERAs must adopt, each element designed to align adviser oversight with existing financial institution standards:

1. Risk-Based AML/CFT Program
   Advisers must develop written policies and procedures tailored to the size, structure, customer base, and services of the firm. These programs must be approved by senior leadership and reasonably designed to prevent misuse of the adviser for illicit purposes.
2. Independent Testing
   A qualified, independent party must periodically review the firm’s AML program to ensure proper implementation and ongoing effectiveness.
3. Designated AML Officer
   Each firm must appoint a dedicated AML officer responsible for administering the program, coordinating reporting, and ensuring organizational compliance.
4. Ongoing Training
   Employees must receive continuous education on AML responsibilities, including red flags and reporting obligations.
5. Customer Due Diligence
   Advisers must perform ongoing assessments of client risk using a risk-based approach. While FinCEN has indicated that a separate rulemaking will address full Customer Due Diligence (CDD) requirements – such as beneficial ownership identification – firms are expected to adopt KYC practices appropriate to their business model in the interim.

Reporting Obligations: SARs and CTRs

FinCEN’s rule also requires advisers to submit Suspicious Activity Reports (SARs) for transactions involving $5,000 or more where there is reason to suspect potential money laundering or terrorist financing. These reports must be filed within 30 days of detecting suspicious activity and are subject to strict confidentiality.

In addition, advisers must submit Currency Transaction Reports (CTRs) for currency transactions exceeding $10,000. The CTR reporting requirement is new for investment advisers. Unlike other financial institutions, advisers were not previously required to file IRS Form 8300 for cash transactions, so this rule introduces a formal currency reporting obligations for the first time.

Key Next Steps for Advisers

As the compliance deadline approaches, advisers should begin laying the foundation for a fully operational AML program. Early planning will be essential, particularly for firms that have not previously implemented bank-style AML processes. Action items include:

• Budgeting and Resourcing: Determine whether to manage compliance internally or engage third-party providers for policy development, testing and training.
• Policy Development: Draft or upgrade AML policies to meet the rule’s new standards. Consider risk categories such as investor type, fund structure, and jurisdiction.
• AML Officer Selection: Identify the individual who will serve as AML officer and ensure adequate training and authority are in place.
• Customer Risk Profiling: Begin compiling data and tools necessary to categorize investors by risk level and perform ongoing due diligence.
• Vendor Review: Evaluate whether fund administrators, consultants, or other service providers need revised agreements or enhanced AML responsibilities.

How SEC³ Compliance Can Help

At SEC³ Compliance, we understand that building or overhauling an AML program can be a complex and resource-intensive effort. Our team of AML specialists can assist with:

• Tailoring AML policies and procedures to your business model
• Designing compliance testing programs and conducting independent reviews
• Assisting with customer risk profiling and due diligence procedures
• Training employees and designated AML officers
• Providing ongoing support as your AML framework matures

This rule is not just a compliance box to check – it’s a structural change in how investment advisers are regulated. Let SEC³ Compliance guide your firm in building a resilient, regulator-ready AML program that aligns with the expectations now set by FinCEN.

To learn more or begin preparing your program, contact us at SEC³ Compliance today.

Photo by Andrew Neel on Unsplash

Need assistance with your compliance program? SEC’s team of experienced compliance professionals can help. For more information, please email us at info@sec3compliance.com, call (212) 706-4029 x 214, or visit our website at www.sec3compliance.com.

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