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.
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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."
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
1. Securities Law Compliance: Specific provisions related to securities laws and insider trading when dealing with publicly traded companies or securities
2. Data Protection: Specific provisions for handling personal data when dealing with personal financial information
3. Non-Solicitation: Restrictions on soliciting employees or clients when protecting business relationships is crucial
4. Cybersecurity Requirements: Specific technical requirements for data protection when dealing with digital information storage
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
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