Services

Concierge Desk

Our Concierge Desk is here to help financial advisers, whether or not you are a client.

Our Concierge Desk can help with the following:

  • Make referrals to other legal providers for services you or your clients may need (criminal law, family law, elder law, estate planning, etc.)
  • Check on the status of an arbitration or litigation
  • Provide recommendations for everything from mortgage lenders to florists to car dealerships
  • Visiting from out of town? Need a quiet place to work? Come visit our office where you will have free access to our conference room, WiFi, and all the coffee you can drink
  • Comprehensive review of your business plan and strategic goals

Legal Defense

Our Fee Recuperation

As part of our fight against money-hungry and abusive regulators, we are going after low quality compliance providers who are risking your license, business, and lifestyle for a quick buck and an empty promise.  Our Fee Recuperation attorneys engage these providers, demanding return of your money as well as payment of any fees you paid your regulator. We will utilize all legal remedies to get your money back and remind these providers of their responsibilities.

Arbitration

Whether you are fighting your former employer over a promissory note or a former client over investments in their portfolio, our team of experienced attorneys are here to fight back.  The arbitration process can be a long and burdensome process with multiple prehearing conferences, discovery requests, and motions.  Our attorneys have experience fighting for financial advisers and getting results, including FINRA, AAA, JAMA, and other arbitration forums.

Did you know? If you want get an expungement, you have to go through the arbitration process.  Unless expungement was requested during your dispute with your client or employer, you will have to initiate an arbitration to start the expungement process.

Did you know non-FINRA member investment advisers can elect to have FINRA arbitrate industry and client complaints?

Regulatory Defense

There is nothing worse than facing a fine, enforcement action, or litigation at the hands of a state regulator, the SEC, or FINRA.  Our attorneys know at the end of the day, the end game for regulators is to scare you into filling their coffers.  Our attorneys empower you to fight back against regulators by tirelessly advocating on your behalf, no matter how difficult or hopeless your case may seem.  Regulators stick to their tried and true strategy.  Their salaries don’t compensate creativity.

Are you an ‘asshole’ and can’t seem to stop annoying regulators?  It’s okay.  We can take from here.  We know how to work with you and make you seem less offensive to regulators.

Are other attorneys afraid to take your case because of all of the hard work involved?  That’s okay, we’ve got your back.

Our Breakaway Broker & Financial Adviser Transitions

Whether you are leaving one firm to join another, deciding to leave the BD world for the RIA world, or starting your own independent advisory firm, we will review your contracts, advise you on the best strategy to depart your firm, and respond to your soon to be ex-employer when they try to get aggressive when clients leave with you.  We’ll also review your contracts to ensure that you don’t get screwed over by your new firm.  We take a close look at any promissory notes, non-compete agreements, non-solicit agreements, and non-accept agreements.

Compliance

My RIA Lawyer provides clients with robust policies and procedures customized to their business and able to respond to the changing regulatory landscape. Our compliance offerings are based on an AUM (Assets Under Management) system. Determine the right services for your firm below.

Compliance Bootcamp | $0-$75 M AUM

Over the course of 12 weeks, get trained on the compliance requirements and regulations governing your RIA business.  Each week, login for a 30-45 minute lesson followed by a Q&A session with the boot camp leader and roundtable discussion with your fellow advisers. Recordings of each weekly call will be available.  You will also be provided form template documents to get your compliance in shape with the most up to date information available.

Check our latest schedule and enroll today!

Compliance Consulting | $75-$150 M AUM

Creating a foundational understanding of your compliance responsibility with the My RIA Lawyer Compliance Boot camp, advisers will also have the benefit of one-on-one compliance consulting with one of our compliance team members who will assist advisers with completing their regulatory requirements, including amendments for Form ADV and conducting annual compliance reviews, to review advertising and social media content to ensure conformity with state and SEC requirements.

Outsourced Compliance Dept. | +$150 M AUM

As your firm grows, so does the burden of your compliance responsibility.  You could begin to hire compliance staff in house, train them, pay salaries, deal with turnover and maintain oversight or hand the responsibility over to us.  We have trained compliance staff that will serve as your compliance department.

Services:

  • Create and implement policies and procedures that are reasonably designed to ensure the broker-dealer and registered investment adviser are complying with applicable laws, rules and regulations
  • Communicate securities compliance procedures and policies to firm’s staff
  • Respond to information requests and inquiries from securities regulators such as FINRA, the SEC and state securities departments
  • Reviews new and amended laws, rules and regulations, and ensure proper implementation of policies and procedures
  • Conduct compliance testing and ad-hoc reviews to ensure policies and procedures are achieving compliance with the applicable rules and regulations
  • Review and assist with securities-related compliance matters handled by other Home Office personnel
  • Advise senior management, field leadership and operational units on legal and regulatory matters
  • Manage Form ADV and amendments
  • Conduct annual compliance meeting
  • Manage regulatory filings, including notice-filing in different states
  • Provide ongoing compliance consultation
  • Email reviews
  • Quarterly fee reconciliation
  • Includes My RIA Lawyer Compliance Boot camp for key personnel

You can also add on services when you engage us as your outsourced compliance department.  These services include:

  • Suitability review
  • Outsourced CCO service
  • Intake review
  • General Counsel service

A la Carte Services

Mock Examination

The time you invest in a mock SEC exam will save you time and stress during an actual exam. It will identify your firm’s strengths and help you demonstrate to the SEC that you take compliance seriously. You will know what to expect and how to respond, which will make your document request process and interviews with SEC staff less stressful.  A mock SEC exam is also a great way to conduct due diligence on a firm your are acquiring or merging with.

 

Undergoing a mock SEC examination will:

  • Help your CCO, compliance staff, and the rest of your firm understand the manner in which your information will be picked through and examined
  • Validate the importance of each employee’s day-to-day responsibilities in maintaining compliance by putting context around the nuances of their tasks
  • Build confidence in the key employees who would be interviewed by the SEC
  • Provide upper management peace of mind and a roadmap of how they may consider reallocating resources

 

My RIA Lawyer’s Mock Examination is executed in four stages:

 

Off-Site Review

As the SEC would do, our expert compliance professionals request a series of compliance documents to understand the firm’s unique business practices and then use those documents to prepare for an onsite examination.  Our requests are based on the most current requests coming from SEC examiners.

Onsite Mock SEC Exam

Our compliance professionals visit your firm’s offices and conduct a live mock SEC Exam through a series of exercises and interviews of the firm’s staff and personnel. We conduct live testing of your firm’s client files, email retention, books and records storage and more.  We may request additional documents and information because of our on-site examination.

Off-site Exam Report 

Upon completion of the onsite review, My RIA Lawyer will provide a written summary of the findings as well as a recommended schedule for remediation of deficiencies. We also categorize deficiencies by risk level so that you can tackle the biggest issues first.

Remediation

Once we have approval of our plan for remediation, we begin by addressing deficiencies in order of risk, starting with high risk items. We work with your senior management and compliance team to ensure proper execution and continue providing training to ensure key staff members understand their compliance.

*Our mock examination services is a required prerequisite for our Outsourced Compliance Department service.

 

Is a Mock SEC Exam Right for Your Firm?

A mock SEC exam might be right for you if your firm…

  • Has had significant changes in key personnel
  • Has launched a new line of business
  • Has undergone a merger or acquisition
  • Has never been examined
  • Hasn’t been examined in 5 years or more
  • Has had high turnover of compliance staff
  • Has the CEO as the CCO
  • Recently become SEC registered

 

Entity Formation

  • Establishing the entity that will serve as your investment advisory firm

 

Registration Services

  • Preparing and filing Parts 1A and 1B of Form ADV with the IARD for your firm
  • Preparing registration forms for each proposed investment adviser representative, after confirming each proposed individual’s obligation to register
  • Preparing and filing Forms U-4 with FINRA’s Central Registration Depository (“CRD”) online system for each of your firm’s investment adviser representatives (“IARs”)
  • Drafting Parts 2A and 2B of your firm’s Form ADV – known as the Investment Adviser “brochure, ” where you explain your qualifications, investment strategies, and practices
  • Monitoring your firm’s filings through regular and constant communication with the appropriate examiners.
  • Interfacing with regulatory personnel and responding to any deficiency letters

 

Legal Contract Preparation

  • Preparing a customer account agreement for investment management services to be used with your advisory clients, which is customized based on Georgia’s specific regulations and policies (some states prohibit hedging clauses, arbitration clauses, etc.)

 

Initial Compliance Services

  • Developing a set of policies and procedures (i.e. a Compliance Manual and Code of Ethics) that coordinates with your firm’s business operations.
  • Preparing a privacy policy statement
  • Preparing a business continuity plan to document your firm’s preparedness in the event of a disaster or loss of key personnel.
  • Assisting with the implementation of your firm’s compliance procedures by establishing a “compliance calendar,” recommended compliance file system, and providing compliance training which includes an overview of the State’s record keeping requirements
  • Providing basic compliance support during the first 90 days of your firm’s operations following the effective registration date

 

* The fixed fee does not include costs of registration, including but not limited to, state fees, Secretary of State fees, IARD fees.

Financial Consulting Services

Chief Financial Officer (CFO) Consulting Services

Work with our CFO Consultant to evaluate your current financial health and to set up the roadmap for success for your firm.   Services include:

  • Creating a budget for your business
  • Create key performance indicators for your marketing and sales that will accomplish your goals.
  • Assistance with creating a business plan for your growth
  • Creating revenue projections
  • Creation and ongoing monitoring of financial statements and reporting, ensuring adherence to state and federal requirements
  • Training with your accountant or book keeper to ensure proper tracking of expenses and revenue
  • Ongoing monthly one-on-one consulting with your CFO

Fund Chief Financial Officer (CFO) Consulting Services

  • Provide input to developing sophisticated transaction structuring on any transactions as needed
  • Oversee and manage financing of Firm’s portfolio and manage the financing requirements for newly originated or new investments throughout the firm’s portfolio.
  • Optimize the debt structure on all investments within the portfolio (pricing, structure, term, etc.).
  • Identify and structure vehicles to hedge interest rate risk and explore credit enhanced financing alternatives.
  • Develop, enhance, implement and enforce financial policies and procedures that will improve the overall operation and effectiveness of the business.
  • Oversee preparation of annual budget and periodic forecast updates.
  • Oversee the preparation of regular financial reports (monthly, quarterly, annually or more often as requested) to assist the team in tracking performance and making decisions.
  • Provide regular financial reports (monthly, quarterly, annually or more often as requested)
  • Supply timely and accurate analysis of budgets and financial
  • Direct and analyze studies of general economic, business, regulatory and financial conditions and their impact on the organization’s policies and operations.
  • Develop financial projections
  • Draft language for financial controls and operations portion of prospectus

Starting your own RIA?  Check out our comprehensive RIA registration services?

Are you departing a Protocol firm? We are well versed in Protocol and can help you understand the information you are entitled to take with you.

Don’t see what you need listed here?  Don’t worry. Give us a call today and we will let you know if we can help you.