Investment Advisers Act of 1940: Federal law that regulates investment advisers. Essential if the contract involves providing investment advice. Establishes registration requirements, fiduciary duties, and disclosure obligations.
Securities Exchange Act of 1934: Federal law governing securities transactions and markets. Relevant if the advisory services involve securities trading or recommendations.
ERISA: Employee Retirement Income Security Act - Critical if providing advice on retirement accounts or pension funds. Sets strict fiduciary standards and prohibited transaction rules.
Internal Revenue Code: Federal tax law implications for advisory services, including tax treatment of fees and compensation structures.
Fair Labor Standards Act: Federal law governing employment relationships. Important for determining advisor classification as employee vs. independent contractor.
State Securities Regulations: State-specific rules governing securities and investment advice, including registration and compliance requirements.
State Licensing Requirements: State-specific business and professional licensing requirements for advisory services.
State Labor Laws: State-specific employment regulations that may affect advisor relationships and compensation.
State Contract Laws: State-specific rules governing contract formation, enforcement, and interpretation.
SEC Regulations: Securities and Exchange Commission rules and requirements for advisory services, including registration and reporting obligations.
FINRA Requirements: Financial Industry Regulatory Authority rules applicable to advisory services involving securities.
Fiduciary Duty: Common law principles requiring advisors to act in the best interests of their clients, including duty of loyalty and duty of care.
Gramm-Leach-Bliley Act: Federal law governing privacy and security of client financial information, including requirements for privacy notices and data protection.
