(1) their advice, counsel, publications, writings, analyses, and reports are furnished and distributed, and their contracts, subscription agreements, and other arrangements with clients are negotiated and performed, by the use of the mails and means and instrumentalities of interstate commerce;
(2) their advice, counsel, publications, writings, analyses, and reports customarily relate to the purchase and sale of securities traded on national securities exchanges and in interstate over-the-counter markets, securities issued by companies engaged in business in interstate commerce, and securities issued by national banks and member banks of the Federal Reserve System; and
(3) the foregoing transactions occur in such volume as substantially to affect interstate commerce, national securities exchanges, and other securities markets, the national banking system and the national economy.
Structure US Code
CHAPTER 2D— INVESTMENT COMPANIES AND ADVISERS
SUBCHAPTER II— INVESTMENT ADVISERS
§ 80b–3. Registration of investment advisers
§ 80b–3a. State and Federal responsibilities
§ 80b–4. Reports by investment advisers
§ 80b–4a. Prevention of misuse of nonpublic information
§ 80b–5. Investment advisory contracts
§ 80b–6. Prohibited transactions by investment advisers
§ 80b–7. Material misstatements
§ 80b–9. Enforcement of subchapter
§ 80b–10. Disclosure of information by Commission
§ 80b–11. Rules, regulations, and orders of Commission
§ 80b–13. Court review of orders
§ 80b–14. Jurisdiction of offenses and suits
§ 80b–15. Validity of contracts
§ 80b–18. Hiring and leasing authority of Commission
§ 80b–18a. State regulation of investment advisers
§ 80b–18b. Custody of client accounts
§ 80b–18c. Rule of construction relating to the Commodities Exchange Act