SEC Compliance Lawyer
My RIA Lawyer protects RIAs from expensive penalties with comprehensive outsourced SEC compliance services.
Schedule a consultation
My RIA Lawyer protects RIAs from expensive penalties with comprehensive outsourced SEC compliance services.
Schedule a consultation
Your primary focus in business is serving your clients while creating the lifestyle of your dreams. Thus, you spend most of your time and energy on revenue-making activities. With so much time devoted to serving your clients, you might forget about SEC compliance. Besides, do you ACTUALLY enjoy compliance? No.
While SEC compliance doesn’t generate revenue, it can protect your firm from losing money. SEC compliance is as important to your firm’s bottom line as acquiring and servicing clients. You need a team of experts at your side to ensure SEC compliance.
At My RIA Lawyer, our firm focuses exclusively on SEC compliance for Registered Investment Advisors (RIAs). With numerous service options, from our Compliance University to our ongoing compliance packages of services and the outsourced compliance department, our SEC compliance lawyers are here to meet your SEC compliance needs.
The SEC ensures that businesses are properly regulated in the securities markets and protect their investors. Most SEC regulations are dictated to ensure that corporate accounting practices are followed. These also deal with public disclosures and other tasks that help to protect investors against fraud and other manipulative practices.
The Securities and Exchange Commission is the main arbitrator and regulator of all corporate actions. Companies that issue securities or otherwise advise on investment in securities must work to ensure that they comply with all of the regulations as per the requirements or face legal action.
These are the most important areas of Financial Services Compliance that must be enforced by the SEC:
Corporations listed on the reports must comply when making annual reports and disclosures regularly. This is a requirement of the SEC. The goal is to make the public aware of these companies’ financial condition and business practices.
That way, investors can always make an informed decision on their transactions. The SEC also works to ensure that proper accounting practices are upheld at all times. Many of the required filings and disclosures that companies file must be filed properly to ensure that the company complies with all of the SEC requirements.
They must include the following:
The Securities and Exchange Commission regulates issues related to antitrust by monitoring acquisitions and mergers by companies that report to the Securities and Exchange Commission.
It’s a requirement for companies to file specific disclosures and documentation regarding such mergers and acquisitions before finalization. Additionally, activities are regulated to ensure that shareholders are informed properly of such decisions.
All companies will face securities laws and regulations, as this is the basic requirement of most SEC compliance requirements. All of the laws must be followed by companies issuing securities, regardless of the manner or the phase at which they are offered. These are the major laws regarding securities that SEC enforces:
The SEC enforces all of the disclosures and regulatory standards under these laws for securities. Compliances for companies must consider each act.
The job of the SEC is to oversee major market participants, including SROs like FINRA, securities firms, and exchanges. Companies operating in this fashion, especially those that perform broker-dealer duties, must take extra precautions to remain compliant with the SEC, as the rules regulating markets can be very challenging and complex and are in constant motion of change.
The SEC maintains specific offices and divisions dedicated to eliminating illegal activities. These activities include violations of the FCPA, insider trading, and other illegal activities considered malicious.
These are all taken very seriously and may have civil and criminal consequences. The enforcement in these areas is usually quite harsh, so companies must take great care to maintain compliance.
At My RIA Lawyer, we represent public and private companies in SEC compliance. Our securities attorneys all have senior-level expertise in this area. As highly-trained professionals, former regulatory agents, and more, we have previously been involved with prosecuting fraud cases in the securities division.
We maintain a deep knowledge of the regulations and laws that govern the SEC enforcement jurisdiction. Our SEC compliance lawyers offer businesses practical and efficient advice tailored to each business concerning all matters subject to oversight.
This also includes:
Assisting clients in preparing private placement memoranda and private investments in public equity or PIPEs. We help our clients maintain compliance for obtaining registration exemptions and conducting private equity transactions.
In addition to private placements, we also offer registration exemptions in various other conditions. We assist our clients in evaluating their options and help them to make informed decisions and remain in compliance with all of the SEC requirements.
A lot of our SEC compliance practice is geared toward guiding our companies throughout the entire registration process. We assist them with all of their public filings. Whether you’re considering initial public offerings (IPOs) or you require outside counsel to maintain compliance, we’re here to assist you every step of the way.
All companies are subject to SEC requirements. They must maintain compliance regularly. We assist our clients in maintaining their compliance by helping prepare and monitor all the regulations. We do this continually.
Companies must be mindful and cautious when marketing security offerings. Our SEC compliance attorneys work very closely with clients to ensure that their marketing executives and the other key stakeholders ensure compliance.
A growing area of concern is social media compliance. This is true in both public and private companies. Our clients are advised that public statements made online can be dangerous. We work with them to help compose and craft public social media posts that satisfy compliance requirements.
Although insider trading is a criminal offense, it’s lawful for corporate insiders to trade their company stock under specific circumstances. We help our clients prepare and pre-arrange such trading plans and address the perception of conflict of interest and any other concerns that may lead to scrutiny of the SEC.
Before conducting mergers and acquisitions, all public companies must ensure that the proposed deals won’t run afoul of federal securities, antitrust laws, and SEC regulations. We walk our clients through every aspect of the federal merger and acquisition compliance laws and guide our clients to the closing.
Cryptocurrencies, mobile trading apps, initial coin offerings or ICOs, and other considerations have federal securities law implications. We work with companies helping them to establish, maintain, and manage their SEC compliance.
Our SEC compliance lawyers regularly consult with the company founders, board members, and executives on various concerns. We assist companies with developing, implementing, and managing compliance programs and offer ongoing recommendations as required.
This includes the analysis of the following:
Our SEC compliance lawyers offer guidance on various compliance concerns, helping you develop compliance programs, navigate SEC filings, disclosures, and communicating with SEC staff.
Maintaining effective SEC compliance for companies subject to federal securities laws and regulations is vital. Implementing a custom-tailored and comprehensive program sets the stage and expectations for company-wide compliance.
It also allows the companies to demonstrate good-faith compliance efforts to the SEC when required. Based upon the guidance from the DOJ and the SEC, all of the needed elements of SEC compliance include but aren’t limited to the following:
Implementing effective SEC compliance programs begins with understanding the company’s specific compliance risks. We conduct a confidential compliance risk assessment based upon an attorney-client privileged risk assessment focused on identifying the comprehensive scope of our client’s obligations to the SEC.
We begin with a documented commitment to compliance from the company’s senior management team. The SEC has expectations that companies will use a top-down approach in compliance.
Companies must adopt a Code of Conduct and set policies and procedures focused on specific SEC compliance. The documents must reflect specific risks and speak on behalf of the specific industry, financial goals, and culture.
Organizations must ensure effective oversight in their SEC compliance efforts. Amongst other things, it will involve appointing a compliance officer and a team to ensure that the company and staff have the appropriate access and authority over pertinent areas of the operations.
In addition to the compliance team, all personnel must receive the appropriate training in relevant areas of SEC Compliance. This will include both initial as well as ongoing training. Companies must maintain documentation of completed training.
Discipline and incentives are effective and necessary tools for internal SEC compliance enforcement. All companies must adopt and enforce consistent and appropriate mechanisms for discipline. They should consider incentives for personnel who meet and or exceed personal responsibilities in compliance.
Companies are subject to SEC requirements. When outsourcing business operations to a third-party vendor, they must ensure that said third-party vendor presents no compliance risks. This will start with due diligence and continue with strategic negotiations, audits, and enforcement.
Companies must document internal mechanisms for workers to report concerns that are related to compliance. This should include a hotline or other method so that workers can share the information confidentially. It must be promptly investigated.
This is fundamental to effective compliance management. Everything should be done proactively to ensure proper steps are taken before a company faces SEC scrutiny. Additionally, it will help to assist clients in the development and implementation of their compliance program.
Whether you are an owner and CCO or have an in-house team that needs training and ongoing support, we highly recommend our RIA Compliance University. The Compliance University contains pre-recorded webinars that review the compliance regulations and requirements for RIAs.
We will provide you with resources (including up-to-date forms, templates, and checklists) that you can use to ensure that you stay in compliance when creating documents. Many people find that if they use non-attorney service providers to stay compliant, they end up with outdated templates that no longer meet the guidelines. Then, they end up out of compliance, even when seeking outside help.
That’s one reason why enrolling in our Compliance University program is essential to your company’s success; you can keep up to date with the changes in the industry.
If you need additional help with compliance, we recommend our compliance consulting services.
By opting for this service, you can benefit from the following:
We are dedicated to helping you navigate compliance requirements effectively and efficiently.
We highly recommend our Outsourced Compliance Department. This package provides you with a Chief Compliance Officer (CCO) who will ensure that your firm adheres to all rules and guidelines. The CCO will assess your firm’s practices, identify solutions to save time and money, and ensure compliance with legal requirements.
By outsourcing your compliance needs to our team of compliance officers and attorneys, you can focus on revenue-generating activities while we handle the crucial compliance aspects of your business. Our team will streamline your compliance program, and prepare you for SEC exams, allowing you to reclaim your time and resources.
When you use an SEC compliance lawyer, you will benefit from attorney-client privilege. Everything you say to your attorney is protected under the rule of law. Using a non-attorney service provider will not get the same protection. Instead, the provider can divulge your conversations, which could get you in trouble.
Hiring an SEC compliance lawyer from My RIA Lawyer is a wise choice between protection and sound legal advice. Contact us now for a consultation.
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“It’s important that you look at your legal provider and who it is you have invested in to protect your business, so there are a few things you should be asking your lawyer. First, do they know what the heck you’re doing? Do they know the services you provide? The fees you’re charging? Do they understand securities? One of the problems I see when there is a legal action or when there’s an enforcement action, is that so many of you are going to attorneys that have ZERO securities experience! You’re going to, God forbid, a general practitioner!! That’s not the kind of lawyer you want, you want a securities attorney! You want them to understand your business.“
— Leila Shaver Founder
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