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Financial Advisor Engagement Letter Template for United States

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Key Requirements PROMPT example:

Financial Advisor Engagement Letter

"Need a Financial Advisor Engagement Letter for a high-net-worth individual client who requires comprehensive wealth management services, including estate planning and tax optimization, with a minimum portfolio value of $5 million and quarterly performance reviews."

Document background
The Financial Advisor Engagement Letter serves as the foundational document for establishing and maintaining a professional financial advisory relationship in compliance with U.S. regulations. This document is essential when initiating services with new clients and must adhere to SEC requirements, state securities laws, and relevant regulatory frameworks. The engagement letter typically includes comprehensive details about services offered, fee structures, fiduciary duties, risk disclosures, and privacy policies. It protects both the advisor and client by clearly defining expectations and responsibilities while ensuring compliance with applicable laws and regulations.
Suggested Sections

1. Introduction and Parties: Identification of the financial advisor and client, including contact details and registration information

2. Scope of Services: Detailed description of financial advisory services to be provided, including any specific exclusions

3. Fiduciary Status: Statement of fiduciary obligations and standards of care

4. Fees and Compensation: Detailed fee structure, payment terms, and any additional costs

5. Regulatory Disclosures: Required disclosures under SEC, state, and other applicable regulations

6. Confidentiality: Privacy and confidentiality commitments

7. Term and Termination: Duration of engagement and termination provisions

8. Acknowledgment: Client acknowledgment and signature block

Optional Sections

1. Investment Authority: Details of discretionary/non-discretionary authority, used when advisor has trading authority

2. Tax and Legal Disclaimers: Used when advisor doesn't provide tax or legal advice

3. ERISA Provisions: Required when dealing with retirement accounts or ERISA plans

4. Proxy Voting: Include when advisor handles proxy voting responsibilities

Suggested Schedules

1. Form ADV Part 2A: Advisor's disclosure brochure

2. Fee Schedule: Detailed breakdown of all fees and charges

3. Privacy Policy: Detailed privacy policy and information sharing practices

4. Investment Policy Statement: Optional document outlining investment strategy and guidelines

5. Account Transfer Forms: If applicable for transferring accounts or assets

Authors

Alex Denne

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

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Industries

Federal Securities Laws: Core federal regulations including Securities Act of 1933, Securities Exchange Act of 1934, Investment Advisers Act of 1940, and Investment Company Act of 1940

SEC Regulations: Requirements for Form ADV disclosure, fiduciary duties, registration, and disclosure obligations set by the Securities and Exchange Commission

FINRA Rules: Compliance requirements for broker-dealer services and conduct rules set by the Financial Industry Regulatory Authority

State Securities Laws: Blue Sky Laws covering state-specific registration requirements and fiduciary obligations

Department of Labor Rules: ERISA requirements and Fiduciary Rule requirements for handling retirement accounts

Consumer Protection Laws: Federal Trade Commission Act and state-specific consumer protection statutes

Privacy Laws: Gramm-Leach-Bliley Act, state privacy laws, and data protection requirements

Anti-Money Laundering Laws: Bank Secrecy Act and USA PATRIOT Act requirements for financial transactions and client verification

Contract Law: State-specific contract laws and Statute of Frauds requirements governing the agreement formation

Professional Standards: Industry-specific standards including CFA Institute Code of Ethics and CFP Board Standards where applicable

Engagement Letter Elements: Essential components including scope of services, fiduciary obligations, fee structure, conflicts disclosure, privacy policy, termination provisions, liability limitations, dispute resolution, regulatory disclosures, and client acknowledgments

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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