Broker-Dealers
BuckleySandler advises broker-dealers on a variety of regulatory and legal issues, focusing on issues that arise in their dealings with clients, members of the public, investment advisers, hedge funds, mutual funds, and banks.
Our practice includes:
- Determining whether certain activities require registration as a broker-dealer under the Securities Exchange Act of 1934
- Determining whether certain affiliated lender and depository institution cross-sell programs (including the marketing of residential mortgage loans) require state licensure or federal registration, and assisting in the structure of such programs
- Drafting and reviewing policies and procedures including privacy policies and anti-money laundering procedures
- Structuring products, including fee-based brokerage programs, wrap fee programs, and web-based investment analysis tools, to ensure compliance with applicable laws, manage risk, and enhance marketability in the current business environment
- Addressing sales practices issues, including those pertaining to mutual funds and variable annuities
- Drafting and reviewing customer agreements and disclosure documents
- Drafting, reviewing, and negotiating agreements with third parties including other broker-dealers, investment advisers, hedge funds, mutual funds, banks, insurance companies, and vendors
- Managing and retaining records, including assessing current practices, drafting policies and procedures, and addressing issues pertaining to electronic records
- Reviewing and filing advertisements and other marketing materials
- Structuring and evaluating soft dollar arrangements
- Preparing for and responding to Securities and Exchange Commission, FINRA, and stock exchange examinations and inquiries and representing firms in enforcement proceedings
For more information regarding our securities practice, please see our Corporate & Securities and Securities Litigation & Enforcement practice area overviews.