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

SEC Panel Calls for Tighter Limits on RIAs' Mandatory Arbitration Clauses

Posted on July 2nd, 2025 at 2:16 PM
SEC Panel Calls for Tighter Limits on RIAs' Mandatory Arbitration Clauses

From the desk of Jim Eccleston at Eccleston Law

AdvisorHub reports that the Securities and Exchange Commission’s Investor Advisory Committee has finalized a recommendation urging the Securities and Exchange Commission (“SEC”) to rein in the use of mandatory arbitration clauses by registered investment advisers (“RIA”s). After raising concerns over two years ago, the committee voted to formally advise the SEC to improve fairness and transparency in how customer disputes are handled.

The recommendation outlines four key actions. First, the SEC should align arbitration standards for RIAs with existing Financial Industry Regulatory Authority (“FINRA”) rules governing broker-dealers. Those rules prohibit class action waivers and require arbitration hearings to take place near the client’s residence.

Second, RIAs should notify clients of any mandatory arbitration clauses and disclose arbitration outcomes. The committee also called for a requirement that RIAs include arbitration provisions within their Form ADV disclosures. Third, the SEC should establish a publicly accessible, searchable database of arbitration awards for RIAs, similar to FINRA’s existing arbitration records and BrokerCheck disclosures for broker-dealers.

Finally, the committee urged the SEC to investigate RIA arbitration practices further and produce educational resources to help investors understand arbitration procedures and identify key questions to raise with their advisers.

As reported by AdvisorHub, the recommendations follow a 2023 study examining 579 advisory agreements. The findings revealed that 61 percent contained mandatory arbitration clauses, with several including troubling provisions — such as requiring customers to bear arbitration costs, limiting potential damages, or restricting types of claims. Notably, 97 percent of these agreements failed to factor in the client’s location when selecting hearing venues.

Although the Investor Advisory Committee does not set regulatory policy, it made clear that applying consistent arbitration protections across both investment advisers and brokerage firms aligns with an adviser’s fiduciary duty to act in the client’s best interest, according to AdvisorHub.

 

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

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

You were most helpful with my FINRA deposition. You are a good lawyer and a good person.

Dan B.

LATEST NEWS AND ARTICLES

1782150000 Law
June 22, 2026
Illinois Regulators Accuse "Mr. Finance" of Operating Unlicensed Investment Scheme

Illinois securities regulators have accused a Chicago-area businessman known as "Mr.

1781893504 Law
June 19, 2026
FINRA Suspends Former Stifel Rep for Undisclosed Customer Settlements

The Financial Industry Regulatory Authority (FINRA) has suspended a former Stifel representative for three months and imposed a $10,000 fine after finding that she settled customer complaints without notifying her firm and conducted securities-related communications through an unapproved personal device.

1781798110 Law
June 18, 2026
Silver Star Properties REIT Files for Chapter 11 Bankruptcy Amid Mounting Defaults and Investor Losses

Silver Star Properties REIT, a publicly registered nontraded real estate investment trust formerly known as Hartman Short Term Income Properties XX Inc., has filed for Chapter 11 bankruptcy protection, according to reports by AltsWire.