Navigate the complexities of financial advising with AdvisorLaw's Industry Insights. Our experts provide actionable analysis on critical areas impacting your practice, including the latest FINRA and SEC/state regulations for brokers, RIAs, and IARs, the nuances of dual registration, strategic insights into Mergers & Acquisitions, evolving enforcement trends, practical regulatory compliance strategies, and effective succession planning. Stay informed, compliant, and positioned for growth with AdvisorLaw's perspectives.
Form CRS: It’s Mandatory!
The SEC has been cracking down on broker-dealers and RIA firms that fail to file and deliver their Regulation Best Interest disclosure forms, including Client Relationship Summaries, or Forms CRS,...
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Is there a way to remove IRS tax lien disclosures from BrokerCheck?
Is there a way to remove IRS tax lien disclosures from BrokerCheck? Tax debt disclosures subject advisors to higher scrutiny and threaten job security. That’s why this week’s Ask An...
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Advisor Expunges Two, Nearly $1 Million-Settled Disputes
For nearly a decade, an advisor had two customer disputes tainting his otherwise-pristine BrokerCheck profile and CRD report. Lodged two months apart, both disputes pertained to customers who owned the...
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Puerto Rico Advisor Clears 14 P.R. Bond-Related Claims
Each year since 2015, a San Juan-based advisor’s BrokerCheck profile had shown more and more customer disputes — all having arisen from investors who had purchased Puerto Rico bonds. Of...
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FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement
Rule 4111: FINRA Punishes Advisors with Checkered Past
On September 28, FINRA adopted its previously proposed Rule 4111 — Restricted Firm Obligations. The Rule applies to broker-dealers with a history of misconduct or those with a concentration of...
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FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement IRS Tax Liens & Disclosures Webinar
Advisors Protecting Their Greatest Asset: How to Avoid and Minimize Disclosures On Your Forms U4/U5
You've worked hard and made many sacrifices to build a successful advisory business. But arguably, your greatest asset is your reputation. Any negative disclosures on your public records (BrokerCheck, the...
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Unsuitability & Misrepresentation Cleared From Broker’s Record
An advisor who has been in the industry for nearly three decades sought to expunge the one customer dispute plaguing his records through FINRA Arbitration. The advisor sought to expunge...
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FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement Mergers & Acquisitions Recruiting RIA Setup & Registration Starting your own RIA
How does AdvisorLaw help recruiters?
Let’s say you were just approached by a lead advisor with a team who’s seeking counsel for the team’s next big move — they’re excited to discuss recruiting options with...
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FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement
What Constitutes a Breach of Fiduciary Duty — Four Elements
When one party is entrusted with the care of funds or property and must act on behalf of another, a fiduciary duty is created. As the former party is obligated...
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Advisor’s Termination & Internal Investigation Removed
A Portland-based advisor with a Form U5 termination disclosure from more than two decades earlier sought FINRA expungement of the mark from his CRD and BrokerCheck records. Eighteen months into...
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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
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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Veteran Advisor In Colorado Expunges Form U5 Termination Disclosure
A Colorado advisor who has worked in the financial services industry for more than two decades sought to expunge a five-year-old FINRA Form U5 termination disclosure. The alleged violation published...
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Oregon Advisor Clears Five Customer Dispute Disclosures
An Oregon-based investment advisor representative and firm managing member has been in the industry for 20 years. In 2015 and 2016, the advisor was slammed with five customer dispute disclosures....
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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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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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How do I form a new RIA and what are the minimum requirements?
https://www.youtube.com/embed/WdQMbbKHwgA Contact Us Today! 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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FINRA Registration Expunges Advisor’s Criminal Disclosure
An east coast-based advisor sought expungement of a nonsensical criminal disclosure from her public records through FINRA Registration. In 2005, the advisor was working as a volunteer at a community...
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Advisor Prevails – Award/Judgment Customer Dispute Expunged
Twenty years into his career, a California advisor sought to expunge the one customer dispute on his otherwise-pristine record. While seeking expungement of a typical customer dispute can be difficult,...
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Advisor Back In Action With A Clean Record After Termination
A 12-year veteran advisor in Boston spent the past three years unable to secure employment in the financial services industry due to a Form U5 termination disclosure. The firm published...
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