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Financial Advisor Confidentiality Agreement Generator for the USA

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Key Requirements PROMPT example:

Financial Advisor Confidentiality Agreement

"I need a Financial Advisor Confidentiality Agreement for my wealth management firm that operates in multiple states, with special emphasis on data protection requirements for high-net-worth clients and compliance with SEC regulations to be effective from March 2025."

Document background

The Financial Advisor Confidentiality Agreement is essential when engaging financial advisory services in the United States, where advisors frequently access sensitive financial data, business strategies, and proprietary information. This document establishes the framework for protecting confidential information in compliance with SEC regulations, state laws, and federal requirements such as the Investment Advisers Act of 1940. It typically includes provisions for data handling, permitted disclosures, breach notifications, and remedies, while ensuring adherence to both federal and state-specific privacy laws.

Suggested Sections

1. Parties: Identification of the financial advisor and the client/company sharing confidential information

2. Background: Context of the financial advisory relationship and need for confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Purpose'

4. Confidentiality Obligations: Core obligations regarding use and protection of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be shared

6. Return or Destruction of Information: Requirements for handling confidential information upon termination

7. Term and Survival: Duration of agreement and surviving obligations

8. Governing Law: Applicable jurisdiction and law

Optional Sections

1. Parties: Identification of the financial advisor and the client/company sharing confidential information

2. Background: Context of the financial advisory relationship and need for confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Purpose'

4. Confidentiality Obligations: Core obligations regarding use and protection of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be shared

6. Return or Destruction of Information: Requirements for handling confidential information upon termination

7. Term and Survival: Duration of agreement and surviving obligations

8. Governing Law: Applicable jurisdiction and law

Suggested Schedules

1. Schedule A - Authorized Representatives: List of individuals authorized to receive confidential information

2. Schedule B - Information Security Requirements: Specific technical and organizational security measures required

3. Schedule C - Categories of Confidential Information: Detailed list of types of confidential information covered

4. Schedule D - Permitted Purpose Definition: Detailed description of the permitted use of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Securities Exchange Act 1934: Federal law governing securities trading and establishing SEC oversight, crucial for financial advisor operations and information handling

Investment Advisers Act 1940: Federal law regulating investment advisers' conduct and responsibilities, including their obligations regarding client information

Gramm-Leach-Bliley Act (GLBA): Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive client data

Regulation S-P: SEC regulation implementing GLBA's privacy provisions, specifically for financial institutions' handling of consumer financial information

Regulation FD: Fair Disclosure regulation preventing selective disclosure of material nonpublic information

Economic Espionage Act 1996: Federal law protecting trade secrets and confidential business information

Defend Trade Secrets Act 2016: Federal law providing uniform standards for trade secret protection and remedies for misappropriation

State Trade Secrets Laws: State-specific regulations governing protection of trade secrets and confidential business information

State Financial Privacy Laws: State-specific regulations governing financial privacy and data protection requirements

SEC Regulations: Comprehensive regulatory framework governing securities industry practices and advisor conduct

FINRA Rules: Self-regulatory organization rules governing broker-dealers and financial advisors' professional conduct

CFA Institute Code of Ethics: Professional standards and ethical guidelines for chartered financial analysts and advisors

CFP Board Standards: Professional standards for Certified Financial Planners including confidentiality obligations

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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