SEC Report Highlights Concerns Over Mandatory Arbitration Clauses In RIA Practices

Posted on June 30th, 2023 at 1:05 PM
SEC Report Highlights Concerns Over Mandatory Arbitration Clauses In RIA Practices

From the desk of Jim Eccleston at Eccleston Law 

A recent report from the Securities and Exchange Commission (SEC) to Congress has expressed concerns regarding using mandatory arbitration clauses in retail customer agreements by registered investment advisory (RIA) firms. The report questions the adequacy of current disclosure requirements and raises considerations about the potential impact on investors.

According to the staff report, approximately 61 percent of RIA firms that cater to retail investors include mandatory arbitration clauses in their investment advisory agreements. However, determining the exact prevalence of these clauses is challenging due to limited publicly available information.

The report also highlights a stark contrast in disclosure requirements between investment advisor representatives and brokers registered with the Financial Industry Regulatory Authority (FINRA). Investment advisor representatives' disclosures regarding arbitrations were found to be significantly less comprehensive compared to the obligations placed on FINRA-registered brokers, who must disclose pending complaints, hearing outcomes, and settlement details. According to AdvisorHub, the report's findings indicate a need for closer examination and potential revisions to the disclosure requirements surrounding mandatory arbitration clauses in RIA agreements.

 

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

 

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next

I cannot thank you enough for your efforts. You have proven to be a valuable resource.

Jim T.

LATEST NEWS AND ARTICLES

October 30, 2025
SEC Sues Former Franchise Group CEO Over $350 Million Hedge Fund Fraud

The Securities and Exchange Commission (SEC) filed a lawsuit against Brian Kahn, former CEO of Franchise Group Inc., alleging he defrauded investors of more than $350 million in a multi-year investment adviser fraud tied to the collapse of Prophecy Asset Management (Prophecy).

October 29, 2025
FINRA Foundation Study Reveals Alarming Investor Susceptibility to Fraudulent Offers

The FINRA Investor Education Foundation (FINRA Foundation) has released preliminary findings from its upcoming report, Investors in the United States: A Report of the National Financial Capability Study.

October 28, 2025
UBS Seeks Court Order Against $1.4 Billion Florida Advisory Team Over Client Solicitation Allegations

UBS Wealth Management USA has filed a lawsuit and requested a temporary restraining order (TRO) against a $1.4 billion advisory team that recently departed to join Elevation Point, a West Palm Beach-based registered investment advisor launched just 15 months ago.