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11H(2) Pending civil proceeding (Item 11H(1))

Form ADV Part 1A field explainer

Form ADV Part 1A Item 11H(2) · Answer type: yn · Item 11 - Disclosure Information

What this means

Item 11H(2) asks whether the firm or any advisory affiliate is now the subject of any civil proceeding that could result in a "yes" answer to any part of Item 11.H(1).

This question captures ongoing civil litigation that has not yet concluded but could eventually trigger disclosure requirements in the completed civil findings categories of Item 11H(1). It serves as an early warning system for potential future civil disclosures while court cases remain pending.

This item is limited to a civil proceeding that could produce a Yes answer under Item 11H(1). It does not cover every client dispute, business conflict, or civil lawsuit.

Yes

The firm reports current involvement in civil proceedings that could result in findings requiring disclosure in Item 11H(1) categories. This indicates active civil litigation exposure with potential future disclosure implications.

No

The firm reports No under 11H(2). This answer applies only to this question.

Official Form ADV question

11H(2) - Are you or any advisory affiliate now the subject of any civil proceeding that could result in a "yes" answer to any part of Item 11.H(1)?

This appears as Item 11H(2), creating forward-looking disclosure requirements for ongoing civil litigation exposure beyond completed civil findings.

Why it matters

What 11H(2) does not reveal is the specific nature of civil proceedings, their underlying allegations, expected timeline for resolution, likelihood of adverse outcomes, or potential financial exposure. Proceedings can range from routine business disputes to serious enforcement actions.

How to read a firm's answer

Yes

Review detailed disclosures to understand what civil cases are pending, their underlying allegations, which courts are involved, what potential outcomes could result, and the expected timeline for resolution.

No

The firm reports No under 11H(2). Review the other Item 11 rows separately because each question has its own scope.

Related questions

Sources

  • Form ADV Part 1A, Item 11H(2) (Disclosure Information)
  • Firm Disclosures card and ADV form on Best Investors