Investment Advisor Registration & Compliance
Experience and knowledge to advise clients regarding SEC, FINRA, and ERISA matters.
Securities and Exchange Commission (SEC)
McCabe//Ali represents investment advisory firms and securities professionals to help them register with the Securities and Exchange Commission (SEC), as well as with various state regulators. We help leading securities professionals register, maintain, and grow their investment advisory firms in compliance with the Investment Advisers Act of 1940. Our experience includes ongoing compliance counsel and defense of firms and investment advisor representatives in enforcement actions, examinations, and audits. Our team is also available to defend clients in matters related to "Wells" notices, including settlements and litigations.
We also counsel clients on sales transactions involving firms, including due diligence, contract drafting and negotiation, as well as compliance with SEC rules regarding assignment and notice requirements. Our experience includes advising large advisors on advertising and solicitation rules.
FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA)
McCabe//Ali helps individual brokers (registered representatives) and FINRA-member broker-dealers navigate compliance issues, enforcement actions, settlements, Acceptance, Waiver, and Consents (AWC), customer disputes, arbitrations, and registration interviews. We also work with your third party compliance experts to ensure best practices, and that your voice is heard at FINRA.
Employee Retirement Income Security Act of 1974 (ERISA)
Our work includes providing advice to employers, plan sponsors, and registered investment advisors to understand the complexities of the Employee Retirement Income Security Act of 1974 (ERISA). McCabe//Ali is also available to represent plan sponsors in the Department of Labor investigations and to help clients seek exemptions to avoid prohibited transactions. Our team includes an attorney who formerly worked at the U.S. Department of Labor, Employee Benefits Security Administration. As such, we have the ability to advise clients on best practices for fiduciary responsibility and to ensure compliance with ERISA matters. Our team has successfully litigated ERISA matters before federal courts.
Our services include:
- Preparation and filing of Form ADV Parts 1, 2, and 3 with the SEC
- Preparation and filing of Form U-4 and U-5 for investment advisor representatives
- Draft investment advisory agreements, privacy notices, compliance manuals, and other documents required by securities law and regulation
- Responding to the regulator and SEC inquiries
- Mock examinations to help advisory firms understand weaknesses and show proactive compliance performance
- Employment law services related to best practices for hiring and retaining investment advisor representatives
- Counsel to departing registered representatives and investment advisor representatives to ensure compliance with promissory notes, non-compete agreements, and non-solicit agreements
- Defending brokers at FINRA customer arbitration actions and FINRA enforcement hearings