Florida Financial Advisor Compliance Lawyer
Gregory Tendrich is an Experienced Regulatory Defense Lawyer Representing Brokers and Financial Advisors Throughout South Florida
With all the rules and guidelines regulating the securities industry, many of which are geared toward protecting investors and the general public, it can be difficult for even the most honest of advisors or brokers to remain in full compliance these rules and regulations. Yet, complying with firm policies and procedures is an absolute necessity if one does not want to be subject to discipline, disclosures, suspensions, fines, and possible regulatory scrutiny.
Whether you work for yourself or for a large brokerage firm, it is crucial to your career and your future that you routinely discuss your firm’s policy and procedures, industry rules and requirements, and possible changes with a knowledgeable lawyer. If you want to ensure that you are protected, please do not hesitate to contact Florida financial advisor compliance lawyer Gregory Tendrich.
Outside Business Activities (OBA)
When conducting business as a financial advisor or broker, it may seem as if you continually have to walk on eggshells. This is especially true when conducting outside business activities. Some things to keep in mind regarding OBA include the following:
- The need to review the scope of activities to determine whether they qualify as OBA or Private Securities Transactions (PST);
- The need to assess all possible conflicts of interest and risks; and
- The need to identify disclosure timing and approval requirements.
When considering outside business activities, it is imperative that you comply with your member firm’s internal policies and procedures and that you comply with FINRA Rule 3270. To make sure that you are in full compliance with your firm policies and procedures regarding disclosure and that you do not overstep your boundaries or unwittingly create a conflict of interest, you should be ready to retain the guidance of a skilled regulatory compliance lawyer.
Contracts and Agreements
Contract law is very strict in and of itself, but when it comes to those contracts between a firm and a financial advisor, the language of a contract is subject to additional scrutiny. If even a single word of your contract is misconstrued or creates a meaning that you did not intend, you risk forfeiting your rights and quite possibly your career. With respect to your contract, have an experienced lawyer help you do the following:
- Review and draft employment and independent contractor agreements;
- Review and draft promissory notes;
- Review and draft Memoranda of Understandings; and
- Review and draft non-compete and non-solicitation agreements.
In the securities industry, licensing is of utmost importance. For this reason, it is important that you not only have the necessary licenses, but also that you understand licensing requirements in other states. Our Florida financial advisor compliance lawyer can help with the following:
- Licensing facilitation in various states;
- License status changes; and
- Swift response to state inquiries after filing for registration or that may occur after licensing.
If you are a broker or financial advisor who is considering disclosing possible misconduct or securities law violations to state or federal regulators (‘blowing the whistle’), you need strong legal protection.
Investment industry insiders may be entitled to financial compensation for reporting securities law violations. It is imperative that you make your report in the proper manner so that you protect your legal rights, your ability to obtain SEC whistleblower compensation, and your career prospects. Our legal team can help you submit a fully confidential whistleblower claim.
Contact Our South Florida Financial Advisor Compliance Lawyer Today
At the office of Gregory Tendrich, P.A., we are committed to protecting the professional interests of our clients. If you are a broker or financial advisor in Florida or around the country and you have any questions or concerns about FINRA regulations, securities industry laws, or the internal policies of your brokerage firm, please do not hesitate to contact our law office for fully confidential legal guidance. We will help you get the answers you need.