How Advisors Can Bounce Back From A Termination
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration

How Advisors Can Bounce Back From A Termination

It seems that more and more high-profile and multi-billion-dollar advisors are being terminated today than in the past. If you’re an advisor, these firings should act as a stark warning....
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What is the process for expunging disclosures from BrokerCheck and the CRD?
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration IRS Tax Liens & Disclosures

What is the process for expunging disclosures from BrokerCheck and the CRD?

Advisors must present their case to an arbitrator through FINRA's dispute resolution forum in order to have an investor dispute or libelous U5 termination successfully removed from BrokerCheck or the...
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The SEC Releases the Department of Examination’s 2022 Compliance Priorities
FINRA, SEC, State & CFP Board Enforcement RIA Compliance

The SEC Releases the Department of Examination’s 2022 Compliance Priorities

In the report, the SEC outlines its areas of specific focus, which include private funds, standards of conduct, information security and operational resiliency, emerging technologies and crypto assets, and environmental,...
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Tips To Begin Planning Your RIA Succession
Mergers & Acquisitions Succession Planning Valuations

Tips To Begin Planning Your RIA Succession

Values of registered investment advisors, or RIA, businesses have skyrocketed over the last decade. Today, RIA valuations are at historic highs. With the Russia-Ukraine conflict barreling on and inflation continuing...
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Does the compliance attorney for my broker-dealer represent me?
FINRA, SEC, State & CFP Board Enforcement

Does the compliance attorney for my broker-dealer represent me?

Many advisors default to using their firm’s attorney to spare themselves the expense of hiring private counsel. But in many instances, advisors feel like they are being forced into a...
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What To Look For In An RIA Compliance Consultant
RIA Compliance RIA Setup & Registration Starting your own RIA

What To Look For In An RIA Compliance Consultant

So you’ve decided to trade in your FINRA licensure to go RIA only— but you’re feeling overwhelmed with all of the new roles you’ll have to take on, now that...
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Separating From Your Broker-Dealer
FINRA Disputes & U5 Terminations Starting your own RIA

Separating From Your Broker-Dealer

When a registered representative leaves a FINRA-affiliated broker-dealer, the firm must complete a Form U5 and submit it to FINRA. If you're leaving voluntarily and peacefully, this can be a...
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Is there any way to get back the fees and interest charged on my IRS penalties?
FINRA Expungement & Arbitration IRS Tax Liens & Disclosures

Is there any way to get back the fees and interest charged on my IRS penalties?

In this week’s Ask An AdLaw Expert, we’re talking with our Director of Lien Expungement, Samantha DePrima, J.D., LL.M., about how individuals can get IRS penalties and interest refunded by...
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The BrokerCheck System’s Irrationality
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement IRS Tax Liens & Disclosures

The BrokerCheck System’s Irrationality

A fight is brewing over proposed changes to FINRA’s Central Registration Depository (CRD) expungement procedure. The SEC, FINRA, and the Public Investors Advocate Bar Association (PIABA) are at odds over...
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How A Market Decline Could Affect The Value Of Your Business
Acquisition Mergers & Acquisitions Succession Planning Valuations

How A Market Decline Could Affect The Value Of Your Business

Written By: Matt Durr, E.A., Director of Mergers & AcquisitionsWe have been in a bull market for the better part of the last decade, but there are cracks in the...
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Adding a Custodian to your Registered Investment Advisor business
RIA Compliance RIA Setup & Registration Starting your own RIA

Adding a Custodian to your Registered Investment Advisor business

More and more registered representatives are seeking to expand or transition into the registered investment adviser, or RIA, sphere than ever before. While some financial advisors are looking to relieve...
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What does ongoing RIA compliance involve?
RIA Compliance

What does ongoing RIA compliance involve?

The regulatory landscape that RIAs must navigate is daunting, to say the least. Every year the SEC and DOL roll out new rules and regulations, as well as harsher punishments...
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How The CFP® Board Enforces Its Disciplinary Process
FINRA, SEC, State & CFP Board Enforcement

How The CFP® Board Enforces Its Disciplinary Process

This past January, the CFP® Board hired Thomas Sporkin as its new head of enforcement, allowing the organization to split its enforcement section into two separate functions. For the first...
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Transitioning Your RIA To The SEC’s New Marketing Rule
RIA Compliance

Transitioning Your RIA To The SEC’s New Marketing Rule

Registered investment advisors and firms should begin preparing for the Securities and Exchange Commission’s new marketing rule. The deadline is quickly approaching, and many RIAs are worried that they’re entering...
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What You Should Know About FINRA’s Background Check Requirements
FINRA Expungement & Arbitration FINRA, SEC, State & CFP Board Enforcement

What You Should Know About FINRA’s Background Check Requirements

FINRA Rule 3110 pertains to its member firms’ supervision of associated persons. It requires that “[e]ach member shall establish and maintain a system to supervise the activities of each associated...
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Why are some terminations not publicly disclosed on BrokerCheck?
FINRA Disputes & U5 Terminations FINRA Expungement & Arbitration

Why are some terminations not publicly disclosed on BrokerCheck?

Any time a rep leaves a firm, they are required to file a Form U5 describing the circumstances under which the rep departed. On this week’s Ask An AdLaw Expert,...
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FINRA is out for blood when it comes to U4 tax lien disclosures
FINRA, SEC, State & CFP Board Enforcement IRS Tax Liens & Disclosures

FINRA is out for blood when it comes to U4 tax lien disclosures

Since its early days, AdvisorLaw has successfully assisted financial industry professionals with expunging disclosures from their records. Undisclosed federal and state tax liens can have a drastically negative impact on...
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Safely Transitioning From Broker Protocol and Non-Protocol Firms
FINRA Disputes & U5 Terminations

Safely Transitioning From Broker Protocol and Non-Protocol Firms

It’s common knowledge in the financial services industry that many broker-dealer firms will take extreme measures to dissuade their registered representatives from departing a firm with their clients, and the...
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2021 Year-In-Review & Preview Of FINRA Priorities For 2022
FINRA, SEC, State & CFP Board Enforcement

2021 Year-In-Review & Preview Of FINRA Priorities For 2022

2021 was quite the year in the securities industry — another year of incredibly-volatile markets, as COVID-19 continued to interrupt daily life, and another year of FINRA attempting to prove...
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What’s the best way to resolve my tax liens with the IRS?
FINRA Expungement & Arbitration IRS Tax Liens & Disclosures

What’s the best way to resolve my tax liens with the IRS?

The optics of a tax lien are never good for financial advisors and wealth managers. That’s why it’s always in their best interest to resolve any tax liens with the...
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