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

SEC Raises Concerns Over Arbitration Clauses in Investment Advisory Agreements

Posted on January 31st, 2024 at 1:17 PM
SEC Raises Concerns Over Arbitration Clauses in Investment Advisory Agreements

From the desk of Jim Eccleston at Eccleston Law 

A cautionary note has been sounded by an investor advocacy group operating within the Securities and Exchange Commission (SEC), signaling potential fiduciary duty violations by registered investment advisers employing contract clauses to steer client disputes into arbitration.

The clauses mandate the resolution of advisor-client disputes in private venues outside the public court system. According to a report from the SEC's Office of the Investor Advocate, 61 percent of adviser agreements among 579 RIAs surveyed contained mandatory arbitration clauses.

According to FinancialPlanning.com, critics argue that mandatory arbitration, commonly utilized by advisors, can impose substantial costs on clients and potentially shield advisors from revealing wrongdoing. In response to those concerns, the Office of the Investor Advocate recommends temporarily ceasing mandatory arbitration use, citing congressional authority. The office's report particularly recommends restricting or eliminating certain terms within arbitration clauses, such as damage limitations and class-action waivers.

 

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

I am so glad I found you! Wow! I appreciate your help, concern and guidance.

RB

LATEST NEWS AND ARTICLES

1788893582 Law
September 8, 2026
Drive Planning Founder Sentenced to 20 Years for $380 Million Ponzi Scheme

Todd Burkhalter, founder and CEO of Georgia-based financial advisory group Drive Planning LLC, received a 20-year federal prison sentence for orchestrating a years-long Ponzi scheme that defrauded more than 2,000 investors of approximately $380 million.

1788870175 Law
September 8, 2026
Merrill Lynch and Advisor Settle Court Case for $6 Million After Advisor Allegedly Exploited Grieving Widow

A financial advisor allegedly exploited a client's grief over the deaths of her father and husband, showering her with attention before persuading her to hand over millions of dollars in gifts, according to reporting by InvestmentNews.

1788461574 Law
September 3, 2026
Texas Investment Adviser Faces Washington State Charges Over Misleading Crypto Portfolio Claims

Washington state securities regulators have charged an Austin, Texas registered investment adviser (RIA) and its founder with making misleading statements about the risks tied to one of its model portfolios, which invested heavily in crypto-backed products and volatile exchange-traded funds, according to InvestmentNews.