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Employment Contract
Create a Texas-compliant independent financial advisor employment contract. Draft secure agreements covering fiduciary duties, SEC/FINRA rules, and Texas Labor Code.
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In the highly regulated world of Texas finance, a generic contract isn't enough to protect your firm or your fiduciaries. Independent Financial Advisors operate under the strict gaze of the SEC,... Read more
Customize your Employment Contract
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Customize your Employment Contract
10 fields · Takes about 2 minutes
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[Scope of Fiduciary Duties & Investment Strategy]
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 Texas finance, a generic contract isn't enough to protect your firm or your fiduciaries. Independent Financial Advisors operate under the strict gaze of the SEC, FINRA, and the Texas State Securities Board. This contract generator ensures your agreement adheres to the Texas Business & Commerce Code regarding non-competes, explicitly outlines AUM-based fee structures, and reinforces fiduciary duties to mitigate liability for investment losses. By establishing clear work schedules, E&O insurance requirements, and adherence to Tex. Lab. Code § 21.051, you create a legally robust framework that protects your clients, your reputation, and your compliance record.
Under Tex. Bus. & Com. Code § 15.50, non-compete agreements are only enforceable if they are ancillary to or part of an otherwise enforceable agreement at the time it is made. For Texas financial advisors, this means the restriction must be reasonable in scope, geography, and duration, specifically tailored to protect legitimate business interests like AUM client lists and proprietary investment strategies without being unconscionably broad.
The contract should explicitly define the scope of fiduciary obligations as required by the Investment Advisers Act of 1940. This includes a commitment to the 'best interest' standard, rigorous disclosure of conflicts of interest, and adherence to portfolio allocations aligned with the client's disclosed risk tolerance to mitigate E&O claims and regulatory hurdles.
Yes, Texas is fundamentally an at-will employment state. However, due to the nature of client management and 'Blue Sky' law registrations, termination clauses in advisor contracts often include specific notice periods or 'winding down' provisions to ensure client portfolios are transitioned without breaching fiduciary duties or SEC notice requirements.
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