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As a business owner, you likely know that you must file an annual registration with your state’s government each year or every few years, which identifies the name of the company, its address, its registered agent, and its officers. For many business owners, this may be one of the few filings you have to make that discloses any personal information. The Corporate Transparency Act, passed on January 1, 2021, and regulations issued on September 30, 2022 by the Financial Crimes Enforcement Network (FinCEN) changes that. In this blog you will learn about which businesses this act applies to, what changes it will make to the annual registration process, when this act will take effect, and what business owners need to do when it does.

On January 5, 2023, the United States Federal Trade Commission (the FTC) issued a proposed new Rule to ban noncompete clauses across the country. The new Rule, according to the FTC, would make it illegal for an employer to enter, or attempt to enter, a noncompete with a worker, maintain a noncompete, or represent a worker that is bound by a noncompete provision. The proposed new Rule would apply across the board to employees and contractors, including those who work with or without pay. It would also require employers to rescind any existing noncompete provision and take steps to inform workers that the noncompete is no longer valid. Continue reading to find more information on this topic.

After receiving a rule 8210 letter from FINRA your next step should be finding a lawyer that can represent you in the investigation. Your firm may offer their attorney to represent you so that you do not need to get one yourself. This may sound like a good deal but there are a few things you shou...

The market is ever-changing, and many financial advisors have experienced this change time after time. However, newer financial advisors may not have experience working through a bearish market. Some economists might be able to predict the market. I, however, cannot. But given my experience worki...

At The Beck Law Firm, we often represent financial advisors before FINRA in connection with regulatory investigations and enforcement actions. We are aware that FINRA is continuing to investigate financial advisors across the country in connection to their activities involving COVID 19 relief...

As a financial advisor, you work with your clients to ensure their assets are managed well to support them in the long run. This often includes estate planning considerations. After all, many clients don't want to wisely manage their wealth to only benefit themselves, but to also benefit their ...

If you own a business, be it a corporation or LLC, you are required to file an annual registration with the state of Georgia, as well as a $50 fee. While the deadline for this year's registration isn't until April 1st, 2022, you can file as early as January 1st.  We recommend getting this impor...

Last week, we shared a cautionary tale about the dangers of poor business continuity planning. Today, we're giving you a list of planning essentials for your business. Ask yourself each of the following questions and determine if your planning needs some work. Can my business continue to run w...

In our experience, one of the most overlooked estate planning needs is business continuity planning. Many business owners don't realize that they need to plan for what will happen to their business should they die, become incapacitated, retire, or simply be out of the office for an extended perio...

You've likely read that you need a registered agent for your new LLC or corporation. But what is a registered agent? Perhaps more importantly, who is the registered agent? In a nutshell, the registered agent is the person who receives communications on behalf of the corporation or LLC. For insta...

Clients often contact us for help with forming a non-profit, typically to support a specific cause that is dear to them. Because of the charitable nature of the organization, the process of establishing a non-profit is a bit different than establishing a typical corporation or LLC. There are tw...

As a financial advisor, you've likely heard mention of an OTR or ‘on the record' interview with FINRA. Perhaps you've spoken with a coworker who has experienced an OTR, or you are facing one yourself. Whether you are currently under investigation or simply curious about the process, you will prot...

https://www.youtube.com/watch?v=yOJQ5M_fLGw If you're looking to own your own business but would like the security of a built-in support network, franchising may be an option for you. As a franchisee, you have the autonomy of being a business owner while also benefitting from the resources and...

As we discussed last time, some financial advisors make the mistake of not having an attorney when facing a regulatory investigation. Often, they worry that hiring a lawyer will look bad to the regulators. Doesn't it make me look guilty, they ask? No. It does not. If you choose not to hire le...

A common type of case we handle at The Beck Law Firm is a financial advisor facing an investigation from the CFP® Board. The Certified Financial Planner Board of Standards sets and enforces the ethics and standards for financial planners certified by the organization. When these financial advisor...

As we've discussed previously, we often hear from financial advisors looking to clean up their Form U4. Often these advisors are facing a criminal disclosure or have a U4 that reports an old criminal case from many years ago, perhaps from when they were very young.  But increasingly, we receive...

If you are a business owner in Georgia, you may have heard about trade names and wondered if you need one, and why you would need one. According to Georgia law, every person, firm, or partnership that conducts business under a trade name, partnership name, or other name which does not disclose t...

In a recent blog, we discussed 3 Things to Consider When Going into Business with a Partner. This week, we want to remind FINRA-registered financial advisors who are considering starting a side business or becoming involved in a corporation or LLC that they must take steps to remain in complian...

If you are a FINRA-registered financial advisor, you are likely familiar with FINRA Rule 3240 regarding borrowing and lending arrangements between advisors and customers. However, in our experience many financial advisors do not fully understand the requirements and limitations of Rule 3240, an...

Are you considering going into business with a partner? Maybe you're coworkers striking out on your own, or best friends finally taking the leap and starting the business you've always talked about. Starting a business is exciting, even more so when you're working with a friend, but don't let the...