Broker-Dealer Regulation and Compliance

Holland & Knight's Broker-Dealer Regulation and Compliance Team regularly advises on the legal, regulatory and compliance implications of broker-dealer activities, including legal and compliance counseling related to U.S. Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) rules.

Our attorneys have extensive experience in assisting clearing, self-clearing and introducing firms with contractual and regulatory matters both domestically and globally. We negotiate and prepare a wide variety of industry agreements and work with clients to help structure their global operations among their U.S. and foreign affiliates, third parties and other entities such as banks,  investment advisers, securities issuers and technology vendors. Our team assists clients with customer documentation, disclosures, know your customer (KYC) issues, anti-money laundering (AML) and conflicts of interest, among other areas.

A Full Range of Services

Our capabilities encompass the broad spectrum of SEC, FINRA, state and global regulatory and compliance matters, including:

• advertising and marketing
• alternative trading systems
• annuities distribution and regulation
• anti-money laundering
• broker-dealer status issues
• clearing arrangements
• cross-border and global initiatives
• cryptocurrency
• customer documentation and disclosures
• customer protection rules
• cybersecurity
• distribution and dealer agreements
• independent contractor and employment agreements
• outsourcing agreements
• privacy regulations
• public and private offerings
• record-keeping practices
• referral arrangements
• Regulation NMS
• Regulation SHO
• registration, continuing membership applications and state licensing
• regulatory inquiries and examinations
• securities products and services development
• social media
• supervisory policies and procedures
• trading and sales practices
• trade reporting and Order Audit Trail System (OATS) reporting requirements
• Form U4, U5 and Form BD matters

We also assist firms in preparing for and responding to examinations and inquiries from the SEC, FINRA, state and other domestic and foreign regulatory bodies, including routine inquiries, cycle and cause examinations, Wells notices and regulatory sweeps. Our lawyers' comprehensive approach includes helping broker-dealers, investment advisers and others with mergers and acquisitions, obtaining regulatory qualifications and approvals, labor and employment counseling and disputes, and tax matters, including those related to the Foreign Account Tax Compliance Act (FATCA).

In addition, we have extensive experience advising broker-dealers and brokerage firms defending against customer complaints in FINRA arbitrations as well as in litigation. Our attorneys are prepared to navigate clients through a variety of FINRA disputes, including broker-dealer disputes, investment fraud matters and Form U5 termination issues. We conduct efficient investigations and craft realistic strategies to resolve issues. Based on the facts of each matter and the applicable laws, our lawyers mount vigorous defenses before FINRA arbitrators and panels or, when appropriate, negotiate favorable settlements.