Release of Liability
Create a California-compliant Release of Liability for Registered Investment Advisers. Protect your firm from investment loss claims and fiduciary disputes.
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In California's complex regulatory environment, Independent Financial Advisors face significant risks ranging from market-driven investment losses to strict AB5 worker classification and CCPA data... Read more
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In California's complex regulatory environment, Independent Financial Advisors face significant risks ranging from market-driven investment losses to strict AB5 worker classification and CCPA data privacy requirements. This Release of Liability is specifically designed to address fiduciary duty boundaries and the 'Assumption of Risk' necessary to protect your AUM and professional standing. By utilizing a document that incorporates California Civil Code § 1550 for lawful consideration and respects Cal. Bus. & Prof. Code §§ 16600-16602 regarding non-competes, you can mitigate E&O claims and document a clear 'Waiver of Claims' from clients or departing contractors, ensuring your practice remains compliant with both SEC/FINRA standards and state-specific mandates.
Beyond the standard release of liability sections, this template adds fields specific to Independent Financial Advisor:
The core legal purpose of a Release of Liability is to protect one party (the Releasee) from legal claims or lawsuits from another party (the Releasor) related to the subject of the release, such as an activity, transaction, or event.
Investment Losses
Clear risk disclosures, precise portfolio strategies aligned with disclosed risk tolerance, and inclusion of indemnification clauses where allowable.
Errors and Omissions (E&O)
Maintaining strong E&O insurance coverage and precise language around scope of services and limitations of liability in client agreements.
For this release of liability to be legally valid:
Common mistakes to avoid:
Investment Advisers Act of 1940
Governs the behavior of investment advisers in the United States by requiring registration with the SEC and adherence to fiduciary duties.
Enforced by Securities and Exchange Commission (SEC)
FINRA Rules
Financial Industry Regulatory Authority (FINRA) regulates broker-dealers and advisors who are also brokers, setting standards for investments and financial conduct.
Enforced by FINRA
State Securities Regulations (Blue Sky Laws)
State-level regulations that require financial advisers to register with state securities regulators if not registered with the SEC. These laws vary by state.
Enforced by State Securities Regulators
Recommended coverage: Errors and Omissions (E&O) Insurance · Fiduciary Liability Insurance · General Liability Insurance
No. While you can release liability for specific investment losses or administrative errors under California Civil Code, you cannot contractually waive your core fiduciary duty as mandated by the Investment Advisers Act of 1940. This document focuses on defining the scope of services and the client's 'Assumption of Risk' regarding market volatility to protect against meritless breach of duty claims.
If you are using this release with an outgoing contractor, you must be aware of the ABC test under AB5 (Cal. Lab. Code § 2750.3). A release cannot be used to circumvent proper worker classification. However, it is essential for settling final fee structures and ensuring that the departing party waives future claims related to AUM ownership or client solicitation within the bounds of Cal. Bus. & Prof. Code § 16600.
This document includes an 'Indemnification Clause' and 'Release Clause' that can cover liabilities arising from data handling; however, under the CCPA (Cal. Civ. Code § 1798.100), certain consumer rights cannot be fully waived. It is used to confirm that the Releasor acknowledges the data security protocols followed during the advisory relationship.
Under Cal. Civ. Code § 1550, a release must have lawful consideration. For a financial advisor, this is often a fee reduction, a final settlement payment, or the provision of specific transition services. Without this exchange of value, the waiver may be found unenforceable in a California court.
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