RIA / Investment Advisor Representation

Bakhtiari & Harrison provides legal services to Registered Investment Advisors (RIAs) and their associated persons. Our firm offers expert legal guidance and support throughout the various phases of investment advisor operations. We have extensive experience providing comprehensive counseling to RIAs, ensuring they navigate the complex landscape of investment advisory services with confidence and compliance.

At Bakhtiari & Harrison, we understand the critical importance of compliance, business management, and risk mitigation for Registered Investment Advisors. Our services are meticulously designed to assist RIAs during the initial formation stages, ensuring all regulatory and registration requirements are met. The law firm provides ongoing support for compliance matters, helping advisors maintain adherence to industry standards and regulatory expectations. This support includes developing and maintaining a robust compliance program tailored to the unique needs of each RIA, ensuring all securities regulations are meticulously followed.

RIA and Investment Advisor Formation and Compliance

Starting a new advisory firm involves navigating a myriad of regulatory requirements and business considerations. At Bakhtiari & Harrison, we guide RIAs and advisory firms through the intricate process of formation, ensuring that every legal and regulatory aspect is meticulously addressed. Our services include:

Entity Formation: Assisting with the creation of the business entity, whether it be a corporation, partnership, or limited liability company, tailored to the specific needs of the RIA and advisory firms.
Registration Requirements: Helping RIAs and advisory firms register with the appropriate regulatory bodies, including the Securities and Exchange Commission (SEC) or state securities regulators. This involves preparing and filing Form ADV and other necessary documentation to meet the requirements set forth by the Securities and Exchange Commission.
Compliance Programs: Developing comprehensive compliance programs that include written policies and procedures designed to prevent violations of securities laws and regulations. We ensure that RIAs and advisory firms have robust compliance frameworks in place. Our team specializes in creating and implementing effective compliance programs that address all regulatory requirements and industry standards. Adhering to securities regulations and the guidelines set by the Securities and Exchange Commission is a key component of these programs.
Ongoing Compliance Support: Providing continuous support to ensure that RIAs and advisory firms remain compliant with evolving regulatory requirements. This includes conducting regular compliance reviews and audits to identify and address potential issues before they become significant problems. Part of our ongoing support is ensuring that the compliance program evolves with regulatory changes and business growth, always staying in line with securities regulations and the expectations of the Securities and Exchange Commission.

RIA and Investment Advisor Business Management and Risk Mitigation

Effective business management and risk mitigation are essential for the success of any RIA. Bakhtiari & Harrison offers strategic advice and practical solutions to help RIAs and advisory firms manage their operations effectively and mitigate risks. Our services include:

Business Strategy and Planning: Assisting RIAs and advisory firms in developing and implementing strategic business plans that align with their long-term goals. This includes advising on business structure, growth strategies, and market positioning.
Risk Management: Identifying potential risks and developing strategies to mitigate them. This includes reviewing and advising on insurance coverage, cybersecurity measures, and internal controls. We integrate these strategies into the compliance program to ensure a comprehensive approach to risk management, while also ensuring adherence to securities regulations and the guidelines of the Securities and Exchange Commission.
Client Agreements: Drafting and reviewing client agreements to ensure they are clear, compliant, and protect the interests of the RIA and advisory firms. This includes investment advisory agreements, fee schedules, and disclosure documents.
Dispute Resolution: Representing RIAs and advisory firms in resolving disputes with clients, employees, or third parties. Our goal is to achieve favorable outcomes while minimizing disruption to the business.

RIA and Investment Advisor Employment Issues

Managing employment issues is a critical aspect of running an RIA. Bakhtiari & Harrison offers strategic advice on employment contracts, dispute resolution, and transitional strategies for investment advisors looking to grow or modify their business structures. Our services include:

Employment Contracts: Drafting and reviewing employment contracts to ensure they are legally sound and protect the interests of the RIA and advisory firms. This includes non-compete agreements, confidentiality agreements, and compensation arrangements.
Dispute Resolution: Advising on the resolution of employment disputes, whether through negotiation, mediation, arbitration, or litigation. We strive to resolve disputes efficiently and effectively, minimizing the impact on the business.
Transition Strategies: Assisting RIAs and advisory firms with the transition of employees during mergers, acquisitions, or other business changes. This includes advising on severance agreements, retention plans, and employee integration strategies.

RIA and Investment Advisor Regulatory Challenges

Navigating the complex regulatory landscape is a significant challenge for RIAs. Bakhtiari & Harrison provides expert guidance on regulatory matters to ensure that RIAs and advisory firms remain compliant with all applicable laws and regulations. Our services include:

Regulatory Filings: Assisting with the preparation and filing of regulatory documents, including Form ADV, Form U4/U5, and other required filings. We ensure that all documents comply with the latest securities regulations and the standards set by the Securities and Exchange Commission.
Regulatory Examinations: Representing RIAs and advisory firms during regulatory examinations and audits. We help prepare for examinations, respond to regulatory inquiries, and address any deficiencies identified, ensuring compliance with securities regulations and the requirements of the Securities and Exchange Commission.
Regulatory Investigations and Enforcement Actions: Defending RIAs and advisory firms in regulatory investigations and enforcement actions. Our goal is to protect the interests of the RIA and achieve favorable outcomes in regulatory matters, always with a strong understanding of securities regulations. Whether dealing with an enforcement action related to compliance issues or other regulatory breaches, our team is prepared to offer robust defense strategies. We recognize that enforcement actions can significantly impact a firm’s reputation and operations, and we work diligently to mitigate these effects. Our team is well-versed in handling cases involving the Securities and Exchange Commission.

RIA and Registered Investment Advisor Transition Between Firms

Transitioning between firms can be a complex process for registered persons. Bakhtiari & Harrison provides comprehensive support to ensure smooth transitions while protecting the interests of the RIA and the individual advisor. Our services include:

Transition Planning: Developing detailed transition plans that address the legal, regulatory, and business aspects of the move. This includes advising on client communication, regulatory filings, and contractual obligations.
Negotiating Transition Agreements: Negotiating transition agreements that protect the interests of the RIA and the individual advisor. This includes addressing non-compete clauses, garden leave provisions, and other contractual terms.
Regulatory Filings: Assisting with the preparation and filing of regulatory documents required for the transition, including Form U4/U5.
Dispute Resolution: Resolving disputes that may arise during the transition process, whether with the former employer, clients, or regulatory bodies.

RIA and Investment Advisor Customer and Industry Disputes

Customer disputes and industry disputes can pose significant challenges for RIAs. Bakhtiari & Harrison provides robust representation to protect the interests of RIAs and advisory firms in these matters. Our services include:

Customer Disputes: Representing RIAs and advisory firms in resolving disputes with clients, whether through negotiation, mediation, arbitration, or litigation. We aim to achieve favorable outcomes while preserving client relationships.
Industry Disputes: Representing RIAs and advisory firms in disputes with other industry participants, such as broker-dealers, custodians, and service providers. We provide strategic advice and representation to protect the interests of the RIA and advisory firms.
Disciplinary Actions and Enforcement Actions: Defending RIAs and advisory firms in disciplinary actions and enforcement actions brought by regulatory bodies. Our goal is to protect the RIA’s reputation and achieve favorable outcomes in these matters. Understanding the potential ramifications of an enforcement action, we offer comprehensive support to ensure the best possible defense. Our expertise includes handling enforcement actions initiated by the Securities and Exchange Commission, ensuring our clients are well-defended against any allegations.

Bakhtiari & Harrison Provides Legal Services to RIAs and Investment Advisors

Bakhtiari & Harrison is dedicated to providing comprehensive legal support to Registered Investment Advisors and advisory firms. Our expertise in compliance, business management, employment issues, regulatory challenges, and dispute resolution ensures that RIAs and advisory firms can navigate the complexities of the investment advisory industry with confidence. Whether you are starting a new advisory firm, managing transitions, or facing complex regulatory challenges, Bakhtiari & Harrison is equipped to deliver the legal solutions that

Registered Investment Advisors need to succeed in a competitive financial landscape. A well-designed compliance program is a cornerstone of this success, providing the framework for adherence to regulatory standards and effective risk management. Understanding and adhering to securities regulations and the directives of the Securities and Exchange Commission is fundamental to our approach in all aspects of our service. Our team of professionals is dedicated to ensuring that your firm operates within the boundaries of all applicable laws and regulations.

For more information concerning areas of routine representation, please contact Bakhtiari & Harrison to schedule a consultation. Our experienced attorneys and professionals are ready to assist you with all your legal needs, ensuring your compliance program and overall operations are robust and efficient.

We are committed to helping you easily navigate securities regulations and providing ongoing support from our compliance professionals. If your firm is ever subject to an enforcement action, our expertise will provide you with the necessary defense to protect your interests, especially in cases involving the Securities and Exchange Commission.