Disclosing Litigation During a Business Sale: What RIA Owners Should Know

Owning a business is a risky endeavor. This is especially true in the RIA space which is heavily regulated. From civil actions to punitive actions taken by regulating bodies, litigation can be damaging to your business and reputation. So, what should you do if you find yourself facing litigation during your eight-figure exit?

 

In this episode, I look at some of the measures you can take to mitigate the risk of litigation. Additionally, I discuss ways to disclose pending, past, or present litigation to prospective buyers so that you could still make the ultimate sale. Whether you’re a financial advisor or operate in a different industry; whether you’re in the midst of an exit, or years away, this is one episode you can’t miss! This week on The Financially Simple Podcast: 

 

• (01:24) Industry-Specific Risk

• (05:07) The SEC Litigation Release

• (08:03) Two Areas You Must Separate

• (12:19) How Do You Deal With Litigation During the Eight-Figure Exit?

• (14:47) Representations & Warranties

• (15:41) Disclosure Schedules

• (18:56) What Are the Best Action Steps You Can Take?

• (21:57) Read Your Contracts

 

Our Favorite Quotes:

“The reality is, anything you attempt to hide from the prospective buyer will be discovered during the due diligence process.”  - Justin Goodbread

 

“If you’re open and honest with the buyer about litigation or pending litigation, there’s many things that can be done to still help carry the deal through and consummate the deal for your eight-figure exit.” - Justin Goodbread

 

Related Links:

 

Litigation Releases | U.S. Securities and Exchange Commission

Statistics | FINRA.org About The Financially Simple Podcast If you are looking for a podcast that speaks directly to the challenges and puzzles of running a business, you’ve come to the right place. The Financially Simple podcast was built for you. With over 400 episodes and counting, our host Justin Goodbread covers a broad range of topics, from starting a small business to prepping it for sale, to growing your personal wealth. Justin’s combination of analytical skills, tough love, and a healthy dose of experience delivers practical ideas that will benefit business builders at every stage of their business journey.  

  If you have questions, or comments for Justin, submit those at: https://financiallysimple.com/ask-justin/ Connect with Justin: Financially Simple newsletter Facebook LinkedIn Twitter Subscribe Here: Apple Podcast Spotify Google Podcast iHeart Radio Stitcher  

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Financially Simple is a division of WealthSource Partners, LLC (“WSP”), which offers investment advisory and financial planning services. All investing involves risk of loss, including the possible loss of principal. Past performance does not guarantee future results and nothing in this podcast should be construed as a guarantee of any specific outcome or profit. All market indices discussed are unmanaged, do not incur management fees, costs and expenses, and cannot be invested into directly. Business planning services offered by WealthSource Business Advisors, LLC (“WBA”). 

 

This podcast is distributed for informational purposes only. The content of this podcast represents the views and opinions of Justin Goodbread and/or the podcast’s guests and do not necessarily represent the views and/or opinions of WBA, WSP or their affiliates or representatives. Statements made in this podcast are subject to change without notice. Neither WBA, WSP or their representatives, the podcast’s hosts or its guests have an obligation to provide revised statements in the event of changed circumstances. Statements made in the podcast are not to be construed as legal or accounting advice or as personalized advice of any nature. Listeners should conduct their own review of any statements made or strategies discussed and exercise judgment or consult with their own professional advisor to see how the information contained in this podcast may apply to their own circumstances.