If you have been blindsided by a new customer complaint or threatened with negative FINRA Form U4 or U5 language, ask your firm's compliance who it represents. It’s not you.
*If you were recently terminated, please call us immediately at (303) 952-4025. Our initial consultations are always confidential and given at no charge to you.
We are acutely aware of the great many frivolous industry disputes and complaints brought by customers and investors (or their attorneys who coach them) in order to score a quick "nuisance settlement" from the firm. In eight out of ten of these new-client disputes, your firm will be looking to settle with your client to avoid litigation.
It's simple — it almost always costs more to litigate than to cut a nominal check and leave you with a new customer dispute disclosure on your Form U4, CRD, BrokerCheck, IAPD, IARD records, and ADV.
New investor complaints typically bring several of the following accusations against you:
- churning
- unsuitability
- unauthorized trading
- fraud
- negligence
- breach of fiduciary duty
- breach of contract
- material misrepresentation or omission
- failure to supervise
- violation of rules, acts, or laws
Threatened Form U4 Or U5 Termination
Allegiances fade quickly. Do not let your firm use the language on your Form U4 or Form U5 termination disclosure as leverage or a weapon to retain your clients.
If you were terminated by your broker-dealer or RIA, or you know that a Form U4 or U5 termination is imminent, hiring AdvisorLaw now is critical to ensuring that your interests are represented. If your firm is alleging regulatory or firm policy violations, this may be merely the first of many dominoes to fall in a much larger FINRA or SEC enforcement investigation.
We can help address the following factors of concern:
- current notes payable to the firm
- defamatory allegations entered on your Form U4 or U5 disclosure
- Broker Protocol or non compete issues
- misrepresentation of the scenarios regarding your departure
- incorrect dispositions that are misleading as to which side initiated leaving
- FINRA enforcement investigation due to allegations
- form U5 termination disclosure published to BrokerCheck and the IAPD
Don't risk your chance of continued employment in the financial services industry because of FINRA or SEC enforcement. Potential employing firms are hesitant to hire advisors with Form U5 termination disclosures indicating anything other than a “voluntary" separation from firm.
Negotiating the finer points of a potential U5 termination disclosure now, instead of trying to clean up down the road, will save you money and headache.
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