Ask an AdLaw Expert: What types of disclosures can be expunged from FINRA’s BrokerCheck site?
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement IRS Tax Liens & Disclosures

Ask an AdLaw Expert: What types of disclosures can be expunged from FINRA’s BrokerCheck site?

FINRA Disclosure Expungement Did you know that there are more than 25 different types of disclosures that FINRA uses to mark up BrokerCheck records? This week, on "Ask An AdLaw...
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FINRA’s “Willful” Non-Disclosure of Tax Liens
FINRA Expungement & Arbitration IRS Tax Liens & Disclosures

FINRA’s “Willful” Non-Disclosure of Tax Liens

Among the other disclosures required by Form U4, reps are required to disclose information dating back ten years that pertains to bankruptcies, conflicts with creditors, and other financial issues. Disclosure...
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How To Plan Your Transition Away From A Broker-Dealer
Mergers & Acquisitions RIA Setup & Registration Starting your own RIA Succession Planning

How To Plan Your Transition Away From A Broker-Dealer

If you’re planning to transition away from your current broker-dealer, it’s imperative to take a knowledgeable and cautious approach to communicating with your clients. Naturally, you’ll want to retain as...
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Ask an AdLaw Expert: When should I start planning to sell my advisory practice or RIA?
Lending Opportunities Mergers & Acquisitions RIA Setup & Registration Starting your own RIA Succession Planning

Ask an AdLaw Expert: When should I start planning to sell my advisory practice or RIA?

Mergers & Acquisitions When you’re looking to sell your advisory firm or RIA, there are many factors at play that could impact how seamless and profitable the transaction of your...
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Are you in compliance with the SEC’s new marketing rule?
FINRA, SEC, State & CFP Board Enforcement RIA Compliance RIA Setup & Registration

Are you in compliance with the SEC’s new marketing rule?

Effective May 4, 2021, the SEC’s new marketing rule for investment advisers, 17 CFR § 275.206(4)-1, made significant changes to the way SEC-registered advisers should think about advertising and solicitation. ...
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What is a FINRA Acceptance, Waiver, and Consent (AWC)?
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement

What is a FINRA Acceptance, Waiver, and Consent (AWC)?

An Acceptance, Waiver, and Consent (AWC) is FINRA’s version of a settlement or plea agreement following an investigation into an alleged rule violation. States often refer to the agreements as...
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Expungement Week 2021
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement IRS Tax Liens & Disclosures RIA Compliance Starting your own RIA

Expungement Week 2021

Since being dubbed the “800-pound gorilla,” AdvisorLaw has absolutely dominated the FINRA arbitration landscape. We are responsible for more advisor-initiated expungements than the rest of the entire industry, combined. Over the last six...
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Ask an AdLaw Expert: How do I form a new RIA and what are the minimum requirements?
RIA Setup & Registration Starting your own RIA

Ask an AdLaw Expert: How do I form a new RIA and what are the minimum requirements?

RIA Setup & Registration Have you ever considered starting your own registered investment adviser (RIA) firm? If so, there are a number of things to consider when choosing the path...
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Disclosing Tax & Financial Events On The Form U4
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement IRS Tax Liens & Disclosures

Disclosing Tax & Financial Events On The Form U4

In recent years, FINRA has consistently maintained that it views timely and accurate Form U4 reporting to be critical, and it has voiced its intent to take action against advisors...
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Ask an AdLaw Expert: If I’ve been terminated, how long will it be before a Form U5 is filed?
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement

Ask an AdLaw Expert: If I’ve been terminated, how long will it be before a Form U5 is filed?

New Disputes & U5 Terminations We've been working on something special over the last few weeks — "Ask An AdLaw Expert" —  a new video series, where some of our most esteemed colleagues answer...
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Preparing To Sue A Broker-Dealer
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement

Preparing To Sue A Broker-Dealer

Before seeking to sue a broker-dealer, it’s important that you take a step back and ask yourself a few questions:  What harm did I suffer? Who was at fault? How can I...
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Never settle for firm representation during FINRA arbitration
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement

Never settle for firm representation during FINRA arbitration

You have recently been named as a respondent in a FINRA arbitration filed by a customer against you and your firm. What should you do? The answer is simple: hire...
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Should your RIA be using more than one custodian?
RIA Compliance Starting your own RIA

Should your RIA be using more than one custodian?

In 2020, the number of RIA firms hit a record 13,880, with the collective AUM hitting a record $110 trillion. As RIA firms grow, more and more firms with over...
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Three Key Steps to Follow When Buying a Book of Business
Lending Opportunities Mergers & Acquisitions Succession Planning

Three Key Steps to Follow When Buying a Book of Business

If you’re considering acquiring a book of business to expand your client base, there are three key steps that will help you to identify the right book for your purchase...
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Customer Dispute Expungement Through FINRA Arbitration
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement RIA Compliance

Customer Dispute Expungement Through FINRA Arbitration

When a broker-dealer files a Form U4 or U5 with the Central Registration Depository (CRD), customer disputes, terminations, and other disclosures become part of an advisor’s public record and appear...
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How Advisors Can (And Should) Face Employment Disputes
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration

How Advisors Can (And Should) Face Employment Disputes

Employment disputes span a wide range of legal issues, including breach of contract, wrongful termination, fraud, defamation, discrimination, and more.  The vast majority of rep agreements dictate that disputes that...
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What Triggers a FINRA Inquiry?
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement IRS Tax Liens & Disclosures

What Triggers a FINRA Inquiry?

FINRA inquiries are primarily triggered by disclosures on the Forms U4 and U5. Many of these disclosures stem from allegations made by a customer or broker-dealer. Some disclosures are financial,...
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RIA Succession Planning
Mergers & Acquisitions Succession Planning

RIA Succession Planning

A recent study indicated that less than one-third of advisors age 55 and older have not identified a successor for their practice, and more than half of advisors over age...
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Compliance Solutions For Small RIAs
FINRA, SEC, State & CFP Board Enforcement RIA Compliance

Compliance Solutions For Small RIAs

Most RIAs start out as an exercise in independence — advisors want less bureaucracy, more payout, and better choices for their clients. Starting one’s own RIA becomes the solution, but...
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FINRA Limits Advisors’ Right to Arbitration & Disclosure Expungement
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement

FINRA Limits Advisors’ Right to Arbitration & Disclosure Expungement

FINRA continues to limit advisors’ right to be heard regarding their role in customer disclosures published to their CRD and BrokerCheck records. Broker-dealers are required to report any customer dispute to...
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