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

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
Quotes Bigger

Fantastic news!!!!  Your professionalism, support and expertise were greatly appreciated.  You made a difficult situation much more bearable.

Marci M.

LATEST NEWS AND ARTICLES

1794418115 Law
November 11, 2026
Morgan Stanley Develops AI Super Agents to Build Portfolios and Manage Client Accounts

Morgan Stanley is developing AI-powered "super agents" that could eventually build investment portfolios, manage client accounts and handle many of the routine tasks that wealth management professionals perform today.

1794338007 Law
November 10, 2026
SEC Accuses Crypto Investment Scheme of Raising $130 Million Through Fake Approval Claims

The SEC has charged two entities with operating a cryptocurrency investment scheme that raised more than $130 million from tens of thousands of retail investors.

1794251609 Law
November 9, 2026
Court Restrains Former Citizens Advisor From Using His Memory to Recreate Customer Names in Transition to Ameriprise

A federal judge in Boston has temporarily barred former Citizens Securities advisor Darrell Smith from using client names he recalled from memory to contact former customers after moving to Ameriprise Financial.