Making the decision to break-away or start your new adventure as an investment advisor is exciting! However, the process itself could seem overwhelming and burdensome without the proper assistance. If you are considering registering as an investment adviser with a state, this month’s Legal Risk Management Tip is for you.… Read More
In October 2018, Managing Partner Michelle Jacko’s arcticle, “6 Practical Tips to Help Your Team Prepare for an SEC Exam,” was published by Charles Schwab. “Legal and compliance pro Michelle Jacko offers expert insights to help you prepare your firm … Read More
Jacko Law Group, in conjunction with Core Compliance, hosted a Client Exclusive Webinar, "Preparing for the New Marketing Rule: Understanding Advertising and Solicitor Requirements," on September 15th, 2021.… Read More
Among the most notable workplace trends in recent years has been the growing number of financial advisors seeking to breakaway and transition their careers. To many, the allure of joining a registered investment advisory (RIA) firm or launching a new RIA is the desire for greater independence and increased compensation.
Investment advisors are familiar with the need to have difficult conversations with clients. Any number of anticipated or unforeseen situations, such as the loss of a job or a serious family illness, can prompt the need to revisit a client’s investment plan and tailor their asset allocation plan to deal with significant life changes.
You have successfully formed your investment advisory firm and your business is up and running. Now you want to ensure that your firm remains in compliance with the SEC, FINRA and state regulators so that, in the event a regulatory agency DOES come knocking, you are ready to handle the examination.
Jacko Law Group wrote the article “Remarkable Growth in ESG Investing Prompts New SEC Task Force Focused on Red-Flagging Examples of Corporate Greenwashing,” in May 2021.… Read More
When it comes to disclosure, it’s important to have more than one set of eyes review everything from marketing materials to Forms ADV to make certain all required language is included and nothing is overlooked. A recent regulatory filing underscores how a lack of disclosure and not having sufficient written policies and procedures in place to prevent such lapses can create unnecessary conflicts of interest, regardless of adviser intent.
Investment advisers should promptly review language used in mandated pre-dispute arbitration agreements in response to Regulatory Notice 21-16 recently issued by the Financial Industry Regulatory Authority (FINRA). The Notice serves as a cautionary yellow light for firms that may be inclined to limit investor protections by improperly including adviser-friendly terms that ignore specific FINRA disclosure requirements.
Professionals who work with “Plans”, as defined under the Employment Retirement Income Security Act of 1974 (ERISA), and for those that recommend certain investments to individual retirement accounts (“IRA”), such individuals must be mindful to update their firm’s policies and procedures now that the U.S. Department of Labor (DOL) is proceeding with the adoption of a fiduciary exemption that can impose restrictions upon and prevent fiduciaries from engaging in certain activities.