Breakaways and Transitions
Transitioning from one business model to another is always challenging. There are many complex regulatory and legal considerations which must be considered. It becomes even more complicated if you are breaking away from a captive firm.
JLG provides the legal guidance, services and support that securities and financial industry professionals need to successfully transition to a new business.
Whether you are venturing off on your own, moving from one firm to another or changing your company's business model, a series of intricate steps will be involved. JLG's professional team provides counsel on regulatory considerations for meeting your immediate, midrange and long-term business objectives. It is our goal to assist our clients in achieving their business transition plan.
Jacko Law Group assists clients throughout the United States with all aspects of business model transition.
How We Can Help
Some of the specific areas that JLG can address for clients transitioning or breaking away to a new business include:
- Corporate structure and governance
- Registration as an investment adviser or broker-dealer
- Regulatory filings required for the business
- Employment transitions and licensing
- Development and review of business plans
- Entity for business formation (LLC, S corp, etc.)
- FINRA and SEC regulatory compliance considerations
- Review and analysis of current employment contracts and agreements
- Guidance on marketing to former clients and safeguarding proprietary information
- Analysis of private fund and family office exemptions
- Creation of client documents (including new account forms, investment policy statements, client agreements and financial planning contracts)
- Development of policies and procedures (including internal controls) for new independent practice
- Drafting of client disclosure documents (Form ADV, offering memorandum, marketing piece disclosures, client performance reports, etc.)
- Necessary testing for the compliance program
- Counsel on state and federal securities laws, rules, regulations and requirements
- Transition steps for moving client accounts to the new entity
For more information or to speak with a securities attorney — contact our San Diego law office directly at 619.298.2880 or contact us online.
Legal Risk Management Tips
- Financial Advisor IQ , 06.02.2016
- Wolters Kluwer: Practical Compliance & Risk Management For the Securities Industry, 09.2015
- San Diego County Bar Association (SDCBA) Newsletter , 10.2014