[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Notices]
[Pages 82010-82011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27788]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-5646]


Notice of Intention to Cancel Registration Pursuant to section 
203(H) of the Investment Advisers Act of 1940

December 14, 2020.
    Notice is given that the Securities and Exchange Commission (the 
``Commission'') intends to issue an order, pursuant to section 203(h) 
of the Investment Advisers Act of 1940 (the ``Act''), cancelling the 
registration of Family Office Partners, Inc. [File No. 801-110022], 
hereinafter referred to as the ``registrant.''
    Section 203(h) of the Act provides, in pertinent part, that if the 
Commission finds that any person registered under section 203 of the 
Act, or who has pending an application for registration filed under 
that section, is no longer in existence, is not engaged in business as 
an investment adviser, or is prohibited from registering as an 
investment

[[Page 82011]]

adviser under section 203A of the Act, the Commission shall by order, 
cancel the registration of such person.
    Section 203A of the Act prohibits an investment adviser from 
registering with the Commission under certain circumstances. Rule 203A-
2(d) under the Act provides an exemption to this prohibition, 
permitting an adviser to register with the Commission if the adviser 
would otherwise be required to register as an investment adviser with 
15 or more state securities authorities (``multi-state adviser 
exemption''). The registrant indicated on its most recently filed Form 
ADV that it is relying on the multi-state adviser exemption to register 
with the Commission and that it has no clients and no assets under 
management.\1\ It appears that the registrant is not eligible for the 
multi-state adviser exemption because it is not required to register as 
an investment adviser with 15 or more state securities authorities. 
Therefore, it appears that the registrant is prohibited from 
registering as an investment adviser with the Commission. Furthermore, 
the registrant has not filed a Form ADV annual updating amendment as 
required by rule 204-1 under the Act.\2\ Therefore, it appears that the 
registrant is not in existence or otherwise not engaged in business as 
an investment adviser. Accordingly, the Commission believes that 
reasonable grounds exist for a finding that the registrant is not 
eligible to be registered with the Commission as an investment adviser 
and that the registration should be cancelled pursuant to section 
203(h) of the Act.
---------------------------------------------------------------------------

    \1\ The registrant filed its most recent Form ADV, which was an 
``other-than-annual amendment,'' on May 31, 2017.
    \2\ Rule 204-1 under the Act requires any adviser that is 
required to complete Form ADV to amend the form at least annually 
and to submit the amendments electronically through the Investment 
Adviser Registration Depository.
---------------------------------------------------------------------------

    Notice is also given that any interested person may, January 8, 
2021, at 5:30 p.m., submit to the Commission in writing a request for a 
hearing on the cancellation, accompanied by a statement as to the 
nature of his or her interest, the reason for such request, and the 
issues, if any, of fact or law proposed to be controverted, and he or 
she may request that he or she be notified if the Commission should 
order a hearing thereon. Any such communication should be emailed to 
the Commission's Secretary at Secretarys-Office@sec.gov.
    At any time after January 8, 2021, the Commission may issue an 
order cancelling the registration, upon the basis of the information 
stated above, unless an order for a hearing on the cancellation shall 
be issued upon request or upon the Commission's own motion. Persons who 
requested a hearing, or who requested to be advised as to whether a 
hearing is ordered, will receive any notices and orders issued in this 
matter, including the date of the hearing (if ordered) and any 
postponements thereof. Any adviser whose registration is cancelled 
under delegated authority may appeal that decision directly to the 
Commission in accordance with rules 430 and 431 of the Commission's 
rules of practice (17 CFR 201.430 and 431).

ADDRESSES:  The Commission: Secretarys-Office@sec.gov.

FOR FURTHER INFORMATION CONTACT:  Alexis Palascak, Senior Counsel at 
202-551-6999; SEC, Division of Investment Management, Investment 
Adviser Regulation Office, 100 F Street NE, Washington, DC 20549-8549.

    For the Commission, by the Division of Investment Management, 
pursuant to delegated authority.\3\
---------------------------------------------------------------------------

    \3\ 17 CFR 200.30-5(e)(2).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-27788 Filed 12-16-20; 8:45 am]
BILLING CODE 8011-01-P


