Clever Independent Brokerage Firm Seeks to Circumvent Law and Hit Transitioning Reps Hard

Posted on July 21st, 2016 at 11:56 AM
Clever Independent Brokerage Firm Seeks to Circumvent Law and Hit Transitioning Reps Hard

From the Desk of Jim Eccleston at Eccleston Law LLC:

We recently examined a promissory note agreement for a rep considering a move to an independent brokerage firm.  We noted the following trap for the unwary broker, and are issuing this alert. 

Financial advisors must beware of the following two provisions, which firms increasingly may attempt to insert into the legal document:

1)            In an effort to circumvent state wage garnishment statutes, the rep as the borrower agrees to give the firm a security interest in all sums received or owing from any future employer (meaning, reps work for free as the paycheck is paid to the old firm); and

2)            While the normal collection attorney’s fees and costs provision is inserted, the agreement obligates the rep as the borrower to pay the greater of that sum or 15% of the unpaid balance of the note.  So a half million dollar note balance equates to $75,000 (or more if attorneys’ fees and costs are greater).

Advisors who transition, even under the protections afforded by the Protocol for Broker Recruiting, are strongly advised to retain counsel to review their legal documents before deciding to transition.

The attorneys of Eccleston Law LLC represent investors and advisers nationwide in securities and employment matters. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.

Related Attorneys: James J. Eccleston

Tags: Eccleston, Eccleston Law, Eccleston Law LLC, James Eccleston

Return to Archive

TESTIMONIALS

Previous
Next

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

April 23, 2024
Surge Predicted in Regulation Best Interest Cases

According to a recent analysis, Reg BI-related actions quickly have ascended to the top five issues for FINRA, with fines totaling $6 million in 2023.

April 22, 2024
FINRA Fines Independent Broker-Dealers Over Cybersecurity Lapses

The Financial Industry Regulatory Authority (FINRA) has imposed fines and censured independent broker-dealers Osaic Wealth and Securities America for cybersecurity deficiencies that led to hackers accessing the private information of more than 32,000 customers.

April 19, 2024
WealthFeed Raises Funds for AI-Driven Lead Generation Tool

WealthFeed leverages proprietary AI technology to collect nine real-time financial data points, including business sales, capital raises, inheritances, and job changes.