This website is intended for informational purposes only. Despite our efforts to be accurate, these pages may contain errors and information that is no longer current. The information published on this website is subject to change on a regular basis without notice. This website should not be regarded as a complete analysis of the subjects discussed. General information about regulations is often insufficient to resolve regulatory problems. Information on this site should not be relied upon as a substitute for legal, tax or accounting advice by a professional in your local jurisdiction. Often times, a party needs professional advice that applies to his or her specific situation. We recommend that you retain a compliance professional and/or attorney to provide you with specific guidance regarding your firm’s situation.
A viewer of this website should be aware that securities regulations for registered investment advisors vary by states and the federal government. Unless specified otherwise, a viewer should consider the information on this website about securities regulations for investment advisors as general in nature. Certain information on this website may not apply to the securities regulations of your local jurisdiction.
Information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, without limitation, warranties and merchantability, fitness for a particular purpose, or non-infringement. RIA Compliance Consultants, Inc. (“RCC”) assumes no liability or responsibility for any errors or omissions in the content of this website. Under no circumstances and under no legal theory shall RCC be liable to a viewer of this website or any other person for any damages, whether direct, indirect, incidental, consequential or special arising from viewer’s access to or use of this website.
Viewing or utilizing information on this website, or contacting or responding to our offices or consultants does not create a consulting relationship of any kind. A consulting relationship can be established only after the following two events have been completed: (1) our thorough review with you of all the relevant facts pertaining to a potential engagement; and (2) the execution of a written engagement and fee agreement and our advance receipt of any retainer required under such an agreement.
Although RIA Compliance Consultants, Inc. (“RCC”) is an affiliate of a law firm and RCC may have an individual on its staff that is also licensed as an attorney providing legal services in a completely separate capacity, RCC is not a law firm or an attorney and does not provide legal services or legal advice.
In general, a licensed attorney is regulated by his or her state supreme court through the use of rules of professional conduct, minimum education and examination requirements and a disciplinary process. Unlike a client of an attorney, a client of RCC will not receive the advantages of such regulatory oversight since the compliance consultant occupation is not licensed by state government.
A compliance consulting relationship with RCC is not provided those legal and professional protections that normally exist under an attorney-client relationship such as the following: (a) privileged communication between an attorney and client; (b) the requirement for an attorney to use a client trust account for safekeeping of fees paid in advance; or (c) prohibitions preventing an attorney from having impermissible relationships with clients, representing other persons with conflicting interests, receiving referral fees from third-party vendors, or prospectively limiting liability for malpractice through a contractual provision in a client agreement.
In the event that a securities regulator has initiated an enforcement proceeding claiming an individual or entity has violated the applicable law, such individual or entity will need to retain legal counsel to represent the individual or entity before the securities regulator. Although RCC may serve as an expert regarding industry practices, RCC is not a substitute for engaging appropriate legal counsel to represent such individual or entity.
The determination to use a third-party compliance services provider is an important decision and should not be based solely upon advertisements or self-proclaimed expertise. A description or indication of limitation of our compliance services does not mean that an agency or board has certified RIA Compliance Consultants, Inc. as a specialist or expert in investment advisor compliance. All potential clients are urged to make their own independent investigation and evaluation of RIA Compliance Consultants, Inc.
There is no guarantee or promise that the information on this website or the registration services or compliance consulting work performed by RCC will be favorably received by the applicable securities regulators or result in a certain outcome.
At times, access to certain documents and forms on our site may require you to download a free software application from a private entity or corporation. RIA Compliance Consultants is not responsible for downloads of suggested applications from an unofficial site. When possible, our site links directly to the official company site for such downloads. Although we offer suggestions and tips to aid our web visitors in this procedure, it is your responsibility to investigate the correct procedure for downloading, installing and using such software applications on your system. In addition, although our site may require such a download, any software licensing agreement you enter into is not transferable to RIA Compliance Consultants and is legally binding only between you and the licensing corporation. Problems you encounter while downloading, installing and/or using these applications should be directed to the entity or company offering the product.
The privacy of individuals who visit the RIA Compliance Consultants website is important to us. Personal information submitted electronically to RIA Compliance Consultants is treated in the same manner as information submitted via a mail service or during an office visit. We do not compile personal information or other information for sale to third parties.
RIA Compliance Consultants does collect and retain statistical and technical data about visits to our site, such as the date and time of the visit, the length of the visit, and the pages visited. We use this information to improve the content of our web services and to help us understand how visitors use our services. This information may be shared with an outside consultant to improve the quality of our site and prevent pay-per-click fraud.
RIA Compliance Consultants retains the right to monitor network traffic to identify any unauthorized attempts to cause damage to or manipulate current information on our web site.
There are security issues involved when submitting personal, sensitive or confidential information over an Internet connection. As a result, a user of this website should not transmit personal, sensitive, or confidential information through the message or email facilities provided by RIA Compliance Consultants on this website.
We attempt at all times to provide our users with a safe Internet browsing experience. However, there may be times when such security measures are beyond our control. You are directly responsible for correct use, maintenance and security of your computer, network system, software applications and/or electronic files. RIA Compliance Consultants is not liable for any damages to or loss of your computer, network system, software applications or electronic files due to inadequate security features, user error and/or failure to comply with recommended operating procedures and maintenance; nor is RIA Compliance Consultants liable for any damages or loss due to Internet connection and/or service failures, problems, or damages caused by applications owned and maintained by a separate corporation or entity.
RIA Compliance Consultants uses links to other web sites in an effort to assist users in locating information on topics that might be of interest to them. RIA Compliance Consultants cannot attest to the accuracy of information provided by linked sites and are not responsible for the content or the privacy practices employed by other sites. Linking to a web site does not constitute an endorsement by RIA Compliance Consultants of any of its employees of the sponsors of the site or the products presented on the other site. Technical problems with outside links, other than a link that has been moved or changed, should be reported to the entity that maintains the site. If you discover an error on one of the other sites, please contact the webmaster of that linked site.
A sample document purchased or received through our online store is merely a sample and provided to the purchaser on “as is” basis with no warranty or guaranty whatsoever.
The sample document has not been customized to the purchaser’s business model, the specific investment advisory rules applicable to the purchaser’s investment adviser or the written supervisory procedures and code of ethics of purchaser’s investment adviser. This sample document may not be applicable or appropriate for every investment adviser. The purchaser should not consider a sample document purchased from our online store as an exhaustive, comprehensive or definitive list of the items necessary to meet the purchaser’s obligations under the applicable investment adviser laws and rules.
This sample document is not intended to detect or prevent fraud, selling away, Ponzi schemes, undisclosed outside business activities, inaccurate or false fee calculations, theft, misappropriation or unlawful conversion of client funds.
Due to changes of investment adviser laws and rules, this sample documented may become outdated and need to be updated or discontinued. Since this sample document may not reflect the specific investment advisory requirements of the purchaser’s securities regulator, the purchaser should check with the securities regulator(s) with jurisdiction over its investment adviser before using this document.
A sample document is not a substitute for retaining a compliance professional to advise and assist the purchaser regarding its investment adviser’s compliance program. Unless otherwise agreed to in writing, the purchaser understands that the purchaser has not engaged RIA Compliance Consultants, Inc. in a consulting relationship by merely utilizing a sample form. Additionally, the purchaser understand that unless otherwise agreed to in writing, RIA Compliance Consultants, Inc. is not responsible for customizing this sample document, updating the sample document, preparing the purchaser’s written supervisory procedures or code of ethics, or notifying the purchaser of changes to the investment advisor laws and rules.
RIA Compliance Consultants receives compensation for the Strategic Alliance memberships, which creates a conflict of interest and biases the objectivity of RIA Compliance Consultants when discussing the services or products of the Strategic Alliance members. The determination to use the services or products of a Strategic Alliance member is an important decision and should not be based solely upon a member’s participation in our Strategic Alliance Program. RIA Compliance Consultants is not affiliated with these Strategic Alliance members, does not control or supervise the services or products of the Strategic Alliance member and reference to these Strategic Alliance members does not mean that RIA Compliance Consultants has performed any level of due diligence on the Strategic Alliance member’s services or products. As with any service provider, users of this website and RCC clients are urged to perform their own due diligence on the Strategic Alliance members. Each registered investment adviser should perform its own independent investigation and evaluation to make sure that the Strategic Alliance member is the best fit for its firm. There is no obligation to utilize the services or products of the Strategic Alliance Member.