Tr?id=566623520170033&ev=PageView&noscript=1

Proposal to Prohibit Non-Compete Clauses May Impact Mergers and Acquisitions of RIAs

Posted on January 18th, 2023 at 3:06 PM
Proposal to Prohibit Non-Compete Clauses May Impact Mergers and Acquisitions of RIAs

From the Desk of Jim Eccleston at Eccleston Law.

A federal prohibition on noncompete clauses may impact future mergers and acquisitions of investment advisory firms as well as how financial advisors transfer to new firms.

The Federal Trade Commission (FTC) recently released a rule proposal that would ban the use of non-compete clauses, which typically restrict employees from moving to rival firms. These clauses are an “often exploitative practice” that serves to lower wages and restrict innovation, according to the FTC. The proposal overview indicates that nearly one in five U.S. workers, or about 30 million people, are subject to non-compete clauses. Nevertheless, the new rule may impact M&A involving registered investment advisory firms (RIAs) moving forward, according to InvestmentNews.

The new rule would allow non-competes for a person who owns 25% or more of an acquired firm, while those who own less might be free to leave. The concern is that, under such a rule, private equity firms and other entities may be dissuaded from purchasing RIAs if they expect that a substantial number of advisors will depart.

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

Tags: eccleston, eccleston law, advisors, law, sec, ftc, ria

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

We just wanted to say thanks for your work in helping us get back some of the money we lost. We are not by any means rich, but we have saved some money and we have done so through a tight-fisted approach to most everything we do. So losing a significant chunk of money hurt…especially at a time when everyone else was growing their accounts. We really appreciate the work you did.

Allan and Adele

LATEST NEWS AND ARTICLES

1778171646 Law
May 7, 2026
FINRA Bars Former Raymond James Broker for Refusing Testimony in Unauthorized Trading Probe

A former registered representative with Raymond James has been barred from the securities industry after refusing to cooperate with a Financial Industry Regulatory Authority (FINRA) investigation into alleged unauthorized trading activity.

1778084309 Law
May 6, 2026
FINRA Outlines Key Rulemaking Priorities and Recent Developments in Quarterly Agenda

The Financial Industry Regulatory Authority (FINRA) recently released its Quarterly Regulatory Policy Agenda, offering a detailed view of its rulemaking priorities, pending proposals, and recently approved regulatory changes.

1778000603 Law
May 5, 2026
Commonwealth Financial Network Resolves SEC Conflict of Interest Case

Commonwealth Financial Network has agreed to pay $5 million to resolve a long-standing conflict of interest case brought by the Securities and Exchange Commission, according to reporting by ThinkAdvisor.