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Employment Contract
Secure your firm with an employment contract for independent financial advisors in Michigan. Compliance with FINRA, SEC, and Michigan Right to Work laws.
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In the highly regulated world of financial services, a standard employment template is insufficient. Independent financial advisors manage critical fiduciary duties and Assets Under Management (AUM)... Read more
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[Specific Scope of Fiduciary Obligations]
Clearly defines the employer and employee, including legal names and addresses, to establish who is bound by the contract.
Specifies the employee's position, duties, and responsibilities, providing clarity on job expectations, which helps prevent future disputes.
Details salary, payment schedule, and any additional benefits such as health insurance, retirement plans, bonuses, etc., to ensure clarity on remuneration terms.
Outlines expected working hours, overtime policies, and any flexible working arrangements, essential for setting mutual expectations.
Defines the duration of employment (if applicable) and conditions under which either party can terminate the contract, including notice periods and severance, to manage termination processes.
Requires the employee to keep proprietary information confidential, protecting the employer's business interests and trade secrets.
Restricts employee's ability to compete with employer or solicit clients and employees post-employment, although enforceability varies by state.
Outlines methods for resolving disputes, such as arbitration or mediation, which can lower litigation costs.
Ensures that if one part of the contract is invalid, the remainder stays in effect, preserving the contract’s overall integrity.
Specifies which state's laws will govern the contract and where any legal actions would be taken, providing predictability in the legal environment.
Requires any modifications to the contract to be in writing and signed by both parties, ensuring that the written contract remains the definitive source of agreement terms.
In the highly regulated world of financial services, a standard employment template is insufficient. Independent financial advisors manage critical fiduciary duties and Assets Under Management (AUM) that require precise contractual definitions to mitigate liability. This document ensures compliance with the Investment Advisers Act of 1940 and FINRA standards while addressing Michigan-specific mandates, including the Bullard-Plawecki Employee Right to Know Act and the state's Right to Work law. By clearly outlining compensation structures, non-solicitation parameters, and SEC/State registration requirements, you protect your firm from E&O claims and regulatory scrutiny.
Under Michigan law (MCL 423.209), the contract cannot require an advisor to join a union or pay union dues as a condition of employment. This agreement is structured to remain compliant with Michigan’s Right to Work status while focusing on the unique regulatory obligations of Registered Investment Advisers (RIAs).
Yes, but they must be strictly reasonable under MCL 445.774a. To be enforceable, the restriction must protect a legitimate business interest—such as client relationships or trade secrets—and be limited in duration, geography, and scope. Our document provides a framework to help you define these boundaries legally.
Per the Bullard-Plawecki Employee Right to Know Act (MCL 423.501), Michigan employers must allow employees to review their personnel records. This is particularly important for financial advisors regarding performance reviews and compliance disciplinary records that may impact their FINRA Form U4 or U5 filings.
The contract includes specific clauses defining the scope of fiduciary duty in accordance with the Investment Advisers Act of 1940. It mandates adherence to firm compliance programs, regular audits, and the maintenance of Series 65 or equivalent licensing to mitigate investment loss liabilities and regulatory violations.
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