We advise clients on federal, state and FINRA status issues, obligations, exemptions and exclusions from broker-dealer registration. We assist our clients with the creation of the broker-dealer, manage broker-dealer registration and the new membership application process from start to finish, including preparing a comprehensive business plan, supporting materials and schedules. We will craft your written supervisory procedures and controls. We will secure SRO membership and work with clients and regulators to facilitate and expedite the registration membership application and authorization processes.
As part of the registration process, we handle Form U4 preparation and submission, facilitate exam scheduling, fingerprinting, advise designated parties of relevant CRD requirements, perform the required annual review of FINRA contact system, monitor regulatory element training requirements, and other CRD administrative requirements.
Continuing Membership Applications
We advise clients on the requirements and need for a continuing membership application. We will prepare your application and supporting materials and schedules, for FINRA approval of your continuing membership, including structural and organizational changes, change of control or material changes in business. For certain proposed changes, we will provide guidance on the materiality of the proposed change and participate in materiality consultations with FINRA staff.
Investment Adviser Registration
We represent investment advisers, both unregistered and registered, guiding them through the investment adviser registration and exemption process at the federal and state level. Whether investment advisor clients work with hedge funds, private equity funds or high net worth individuals, we assist in determining if an exemption from registration exists or, alternatively, we handle the registration process for clients. As part of the registration process, we will prepare and file Form ADV including the firm brochure and applicable schedules, assist clients with all applicable agreements, prepare customized written compliance policies and procedures and a code of ethics, compliance forms, and other regulatory documents. We custom tailor registration documentation for clarity, consistency, and risk control.
Mergers & Acquisitions
We advise clients on unique regulatory and legal issues that arise from a merger or acquisition of a brokerage firm or investment manager. We perform due diligence and act as special counsel in connection with mergers and acquisitions and their operations. We assess the strength of the target firm’s supervisory system and management and its compliance with applicable regulatory requirements, and suggest changes when improvements are necessary. We promote the efficient execution of our client’s merger or acquisition by handling all necessary agreements and regulatory filings.