Stark & Stark offers a comprehensive suite of services to advisors seeking to form a new RIA. We have vast experience navigating the transitional process both under and outside the Broker Protocol. The scope of services can include nearly every aspect of an advisor’s life cycle, from entity formation to dissolution.
For new firms, these services include but are not necessarily limited to:
- Identifying the RIA’s particular advisory practices for regulatory disclosure purposes;
- Drafting, assistance with implementing, and filing (as applicable): Form ADV Parts 1, 2A, 2A Appendix 1, 2B, and 3, including state notice-filings;
- Drafting policies and procedures manuals tailored to the RIA’s business practices;
- Drafting investment advisory agreements, financial planning agreements, consulting agreements, or any related third party management agreements (such as subadvisory agreements, signal provider agreements, etc.);
- Drafting cybersecurity policies and business continuity plans; initial registration of investment adviser representatives through the Form U-4; drafting agreements ancillary to the provision of investment advice, including confidentiality agreements and restrictive covenants; and
- Reviewing and advising on vendor agreements.
Our Investment Management and Securities Practice Group also works closely with our Business and Corporate Group to assist with entity formation and to develop operating and governing documents.
We offer new registration packages on either an hourly or fixed-fee basis. When we charge on an hourly basis, we offer a proposed budget and notify clients of any anticipated changes. The fixed fees are intended to align with the anticipated time that the respective attorneys and paralegals will spend on the registration process. Fixed fees for new registrations will depend upon the scope and complexity of the registration, and the attorney(s) performing services.
Whether forming a new business operation, hiring a new adviser, launching a new fund, merging or spinning off, we can help.
Questions on interpreting difficult legal questions? Seeking guidance on best practices or with establishing policies and procedures, reach out!
Need help enforcing a restrictive covenant (non-solicit)? Have a client that is threatening a lawsuit or to report you to the regulatory authorities? We handle these issues on a regular basis.
Let’s build something together.