Transition & Breakaway Services

Strategic Transition Planning

It is always difficult to transition from one business model to another, and it is necessary to consider a number of intricate legal and regulatory factors. The situation might get even more complicated if you switch from a captive firm.

MAH provides securities and financial industry professionals with the legal advice, services, and support they need to transition effectively to a new business.

A number of complex steps must be taken, whether you are starting your own business, switching from one firm to another, or changing your organization’s business model. The qualified team at MAH offers strategic advice on corporate and regulatory matters to help you achieve your short-, medium-, and long-term business goals.

How We Can Assist

For clients transitioning to a new business or splitting off, MAH can specifically address a number of areas, including:

  • Advice on any path, including:
    • Advisers breaking away
    • Firms and Advisers that join merge with, or purchase a new company or business assets (asset purchases)
    • Advisors starting their own businesses
    • Advisers selling a practice/planning succession
  • Governance and corporate structure
  • Registration as a broker-dealer or investment adviser
  • Regulatory filings necessary for the company
  • Employment transitions and licensing
  • Business plan formation and review
  • Formation of a business entity (LLC, Corporation, etc.)
  • Considerations for FINRA and SEC regulatory compliance
  • Examine and analyze current employment agreements and contracts
  • Advice on protecting confidential information and marketing to previous clients
  • Examining private fund and family office exemptions
  • Client documentation creation (including new account forms, investment policy statements, client agreements & financial planning contracts)
  • Making policies and procedures for a new independent practice, including internal controls
  • Client disclosure document creation (Form ADV, offering memorandum, marketing piece disclosures, client performance reports, etc.)
  • Testing required for the compliance program
  • Legal advice on state and federal securities laws, rules, regulations, and requirements
  • Transition procedures for transferring client accounts to the new entity