Financial Institutions Regulation and Compliance

The representation of brokers and dealers is an important aspect of Bressler’s practice. Our attorneys are called upon to advise a diverse selection of brokers and dealers, including regional, national, international and foreign firms. We regularly advise on the legal, regulatory and compliance implications of broker and dealer activities. Our capabilities encompass the broad spectrum of SEC, FINRA and state regulatory and compliance matters, such as:

  • Broker-dealer status issues
  • Clearing arrangements
  • FINRA and state licensing
  • Advertising and marketing
  • Securities products and services development
  • Annuities
  • Customer protection rules
  • Public and private offerings
  • Customer documentation
  • Independent contractor and employment agreements
  • Referral arrangements
  • Distribution and dealer agreements
  • Registration and continuing membership applications
  • Trading and sales practices
  • Securities lending and credit matters
  • Supervisory policies and procedures
  • Record keeping practices
  • Anti-money laundering
  • Cross-border and global initiatives
  • Regulatory inquiries

Bressler works with broker-dealer clients. We assist clients in determining whether registration as a broker or dealer is required and provide guidance on exemptions from registration. We help clients with new and continuing membership applications and advise clients on a broad spectrum of regulatory and compliance matters. Our capabilities include legal counsel pertaining to clearing arrangements, customer documentation, KYC, AML, trading and sales practice issues, privacy matters and conflicts of interest, among others.

We work with clearing and introducing firms. Our attorneys negotiate and document clearing and sub-clearing arrangements. We also assist clearing and introducing firms with contractual and regulatory matters both domestically and globally.

Our lawyers are called upon to address inquiries by the SEC, FINRA, state and foreign regulators. These matters range from routine inquiries to cause examinations and regulatory sweeps. Investigations can present serious economic risks, as well as immeasurable harm to reputation, so our attorneys work diligently to mitigate such ramifications as quickly as possible.