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Sample Relationship Summary for Investment Advisers and Broker-Dealers: Feedback Generally Positive

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The complex nature of investments leaves many retail investors needing assistance from investment professionals to help navigate the endless possible investment opportunities available to them. To satisfy investor needs, many investment professionals associate with broker-dealers, investment advisers, insurance agencies and others so that they can offer a diverse number of products and services to their clients. However, retail investors report a great deal of confusion regarding the differences between broker-dealers and investment advisers, including:
  • Terms of services;
  • Fees charged;
  • Standards of care; and
  • Obligations to their client investors.
(For more information on investor concerns, see "Background" section of this SEC Release) To provide more clarity and transparency to retail investors so they are equipped to make informed decisions about working with an investment professional, the U.S. Securities and Exchange Commission ("SEC") produced a Sample Relationship Summary in April 2018, and has continue to gather feedback since that time.

Putting the Sample Relationship Summary to the Test

In an early-November Press Release, the Securities and Exchange Commission's Office of the Investor Advocate made public a report on investor testing conducted by the RAND Corporation that gathered feedback from 1,800 investors on the Sample Relationship Summary. The survey found a mostly positive reaction to the Summary, with approximately 90 percent of respondents saying the resource would assist them in selecting investment accounts and services.

The Summary Found Mostly Successful

The aforementioned survey reveals a number of beneficial aspects of the Summary for investors, including:
  • Heightened understanding of key terms and conflicts of interest;
  • Providing a basis for conversation with an investment professional;
  • Side-by-side comparisons that can assist investors when selecting or deciding between a broker-dealer and an investment adviser; and
  • Important information on fees and costs (which was reported to be one of the biggest factors to help investors).
The Relationship Summary was found to be accessible and understandable, with most respondents indicating that as an investor, they would actually read the document.

Some Shortcomings in the Summary Revealed

Certain aspects of the Summary were reported as needing improvement, including:
  • Confusion regarding key differences between types of accounts or financial professionals; and
  • Difficulty understanding the "Our Obligations to You" section and the "conflicts of interest" section.
Although feedback seems positive overall, individuals with less education or less investment experience were less positive than those having more education or investment experience.

The Relationship Summary: Get Involved in the Process and Consider Your Disclosures to Investors

The Office of Investor Advocate is making the information available for public consideration and comment. Based on the foregoing, we encourage all financial professionals to take the following actions:
  • Get involved in the process of shaping the direction of our industry going forward by reviewing the Summary and offering feedback through the channels mentioned above.
  • Take this opportunity to think about how you can best communicate and disclose your role and responsibilities to your clients, carefully considering how you define your relationship when speaking with a prospective client so that everyone is on the same page from the very beginning.
Click here to submit comments on the Relationship Summary or view all feedback that has been submitted. The experienced attorneys at Jacko Law Group, PC, are ready to help with customizing this disclosure for you and can assist with your corporate and securities law legal needs. If you have any questions about the Proposed Relationship Summary, or if you need guidance on how to better communicate aspects of a broker-dealer or investment advisory client relationship, contact us for assistance - click here.

About the author

Managing Partner and CEO

Michelle L. Jacko, Esq. is the Managing Partner and CEO of Jacko Law Group, PC (“JLG”), which offers securities, corporate, real estate, and employment law counsel to broker-dealers, investment advise...

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Alan Markfeld profile picture
Alan Markfeld
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Dharmi is an excellent securities lawyer who understands the law as it pertains to these cases. She is extremely proactive and represents her clients well. I highly recommend Jacko and Dharmi.
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Danielle Martin profile picture
Danielle Martin
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I’ve had the privilege of working closely with this firm in my role as Chief Compliance Officer and I can confidently say they are an exceptional compliance partner. Their depth of experience is immediately evidentand they bring a level of practical knowledge. What I truly enjoy is their ability to translate complex regulatory requirements into plain English, often using real, everyday examples that make implementation far more manageable. They are also incredibly responsive and reliable. In a field where timing matters, their prompt communication and thoughtful guidance have been invaluable. If you’re looking for a compliance attorney who combines expertise, clarity, and professionalism, I highly recommend them.
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Curt Rocca profile picture
Curt Rocca
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Michelle and the team at Jacko Law Group have helped guide through a variety of critical circumstances as we ventured through the uncharted and unfamiliar territory of becoming and successfully operating as an RIA. I have particularly appreciated Michelle's personal involvement and genuine caring about us and our organization. She has been responsive and her counsel has been consistently on-point and helpful. She artfully guided us through our initial filing process and first SEC exam process - which went very well. Very grateful to Michelle and her team.
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Nicholas Di Paolo
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Michelle and her team were excellent to work with, front to back. They helped me to understand the challenges ahead and were always proactive in their consultation through every step of my transition. JLG truly know the wealth management industry very well and did a great job of understanding the challenges unique to my business. Without them, I can confidently say I would not have felt as comfortable through the transition as I did. Fortunately, that's not something that stops there - Michelle and her team have kept in touch to ensure that I'm on top of certain administrative issues, trends, and simply showing me that they care about my business and success. I look forward to continuing to work with them for many years to come.
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Margery Neis
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Dharmi Mehta was extremely helpful when my business partner and I transitioned to a new RIA firm. She and her staff were all very professional. Her guidance during our transition was invaluable. I highly recommend Dharmi and Jacko Law Group.
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Joseph Burwell
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Dharmi and Amandeep were a delight to work with. They assisted me with a claim and stuck with me the entire way through. Dharmi's advice was invaluable, and I was most impressed by her clear and professional communication. From beginning-to-end, both Dharmi and Amandeep kept me well informed. Their entire team are proud of their work and rightfully so. Thank you!
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Faruk Jaffer
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My mentor once told me that a good attorney is worth their weight in gold — and that couldn't be more true of Michelle and Amanda. Their expertise, professionalism, and responsiveness were top notch every step of the way. It's rare to find legal partners who are not only sharp and thorough, but also genuinely invested in your success. I’m grateful for their guidance and highly recommend them to anyone seeking trusted legal counsel.
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everistus etafo
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It is my great Privilege to share my Review of what Atty Dharmi Mehta of Jacko Law Group did for me and by extension for my family. From the first time complimentary conversation we had having spoken to several other Lawyers ,l knew she was the right person for the Job .Because of her background as a former RR ,she was professional,kind, Empathetic,listened and was focused on fighting for me. From a potential of been terminated with cause ,l was able to walk away with a clean U5 with a validation that l did nothing wrong except what was in the best Interest of my clients. I hope nobody ever has to go through what l have Experienced, but if you do ,you want Dharmi Mehta beside you .Rest assured your service Deserve 10 stars but this forum only allows 5. Me and my family are forever grateful and will make sure that any RR who needs an advocate will know about you . Everistus Etafo
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Karen Althaus
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I have worked with Jacko Law Group for 2 different business situations that necessitated an attorney. In both cases, the team was very thorough & competent. Their attention to our situation and the extra effort they put into our case(s) was very much appreciated. I would highly recommend Jacko Law Group!