Suitability of Investment Advice Provided by Investment Advisers; Custodial Account Statements for Certain Advisory Clients

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The Commission is proposing for comment new rule 206(4)-5 under the Investment Advisers Act of 1940 (``Advisers Act'') that would expressly prohibit investment advisers from making unsuitable recommendations to clients. Proposed rule 206(4)-5 would make explicit advisers' suitability obligations under the Advisers Act. The Commission also is proposing new rule 206(4)-6 under the Advisers Act to prohibit registered investment advisers from exercising investment discretion with respect to client accounts unless they have a reasonable belief that the custodians of those accounts send account statements to the clients no less frequently than quarterly. Proposed rule 206(4)-6 is designed to prevent certain fraudulent practices.