MAH Advising for Promissory Note Matters
MAH Advising represents and protects financial advisors against collectibles (forgivable loans) found on promissory notes. We assist representatives in all facets of collection, including negotiations of payment or fees and discount plans, as well as defending them against FINRA arbitration claims. Any unfavorable FINRA arbitration award may also be defended on the grounds of inability to pay by FINRA Enforcement.
In our work as advisors and defense consultants, we evaluate every defense a rep may have against a promissory note based on its legal status as a contract, which may include defenses such as impossibility of performance or frustration of purpose. In the past, we have successfully invoked these contract defenses.
The firm also reviews, evaluates and prosecutes the financial advisor’s own counterclaims, including lost past and future earnings, defamatory termination language, and damages from Form U-5 (CRD / BrokerCheck).
Moreover, we also pursue to expunge such defamatory termination language from Form U-5 and replace it with accurate and complete termination language so as to protect the advisor’s reputation among peers, clients, prospective employers, regulators and professional organizations such as the CFP Board. To discuss promissory note collection actions, please contact MAH Advising.