The SEC’s Marketing Rule Sweep: Endorsements in Advisor M&A (Ep. 30)

Endorsements and the SEC Marketing Rule in Advisor M&A Regulatory scrutiny is evolving, and RIAs involved in acquisitions or succession transitions are starting to see a new area of exam focus: how the SEC’s Marketing Rule endorsement provision may apply to certain client transition communications. In this episode of The Fine Print, SRG General Counsel Todd Fulks is joined by Christine Ayako Schleppegrell, Partner at Morgan Lewis and former SEC attorney, for a timely discussion on what firms are seeing in exams and deficiency letters, and why this issue is emerging now. You will hear how a rule many advisors associate with testimonials and advertising is beginning to surface in the M&A transition context, and what firms can do to stay prepared. Featured in This Episode Todd Fulks, JD, BFA (SRG General Counsel) Christine Ayako Schleppegrell (Partner, Morgan Lewis; Former SEC Attorney) Guest
Your Employment Agreement Won’t Protect You Like You Think (Ep. 29)

Employment Agreements and Restrictive Covenants Employment agreements are often treated as a formality, until a key employee leaves, client relationships walk out the door, or a succession plan starts to unravel. In this episode of The SRG Exchange, SRG’s consulting team and General Counsel unpack why restrictive covenants matter, what they are actually designed to do, and why the biggest risk for many firms is having no clear agreement in place at all. You will hear how employment agreements influence everything from client retention and team stability to firm value, M&A outcomes, and internal succession planning. Why employment agreements are more than legal paperwork The team explains that strong agreements are not just about restriction. They create clarity around expectations, roles, and what happens if someone leaves unexpectedly. Non-compete, non-solicit, and no-serve: what is the difference? The episode breaks down the most common restrictive covenant provisions and why advisors often misunderstand how each one works in practice. Why enforceability depends on reasonableness and state law The group discusses how restrictive covenants are treated differently across jurisdictions, and why overly aggressive language often fails when challenged. The real risk is client portability A major theme of the conversation is that clients are not “owned,” and firms must think carefully about how to protect relationships, goodwill, and continuity without relying on unrealistic assumptions. Buyout language matters as much as restriction language The team highlights that many firms focus too heavily on “you can’t do this” clauses, while overlooking buyout provisions and practical exit pathways that reduce conflict. Common mistakes advisors make with templates and outdated agreements The episode warns against generic, one-size-fits-all employment documents that do not reflect the realities of the advisory business, especially during growth, mergers, or succession planning. How these agreements affect firm value and transaction readiness Restrictive covenants and employment terms play a direct role in due diligence, buyer confidence, and long-term enterprise value. Weak documentation can become deal friction at the worst possible time. Setting expectations early prevents disputes later The conversation closes with a reminder that agreements work best when they are implemented proactively, aligned with culture, and revisited as the firm evolves. Who is Featured in This Episode David Grau Jr., MBA Julia Sexton (Sullivan), CVA Ryan Grau, CVA, CBA Kristen Grau, CPA, CVA, CEPA Parker Finot Todd Fulks, JD, BFA Key Takeaway Entity design and maintenance are foundational. When done strategically, they make it easier to share equity, retain talent, execute transactions, and protect long-term value. When ignored, they create friction at the exact moments when a firm needs clarity the most.
The Exchange: Entity Structure and Why It’s The Backbone of Your Advisory Firm (Ep. 28)
Entities and Entity Maintenance Entity structure is not just a legal formality. It plays a major role in how an advisory firm grows, shares ownership, and transitions leadership. In this episode of The SRG Exchange, SRG’s consulting team and general counsel unpack why entities have moved from a “set it and forget it” task to a core piece of business strategy. You will hear how entity decisions influence everything from equity sharing and internal succession to mergers, lending, disputes, and value building. Why entities are now strategic, not administrative The team discusses how entities used to be treated as a quick setup for liability and taxes, but have become foundational for firms with growth plans, W2 employees, equity sharing, and long-term succession goals. Why entities are now strategic, not administrative The team discusses how entities used to be treated as a quick setup for liability and taxes, but have become foundational for firms with growth plans, W2 employees, equity sharing, and long-term succession goals. Entity structure supports retention and equity pathways A properly structured entity can create divisible ownership units or shares, enabling retention strategies and giving next-gen leaders a pathway to buy, earn, or convert into real equity. S-corp versus LLC taxed as partnership The group compares the tradeoffs of rigidity and flexibility across entity types. An S-corp can be effective in specific scenarios, but many firms pursuing mergers or complex ownership structures benefit from the flexibility of an LLC taxed as a partnership. Entity structure impacts M&A, mergers, and equity swaps Entities do not only matter for succession and equity sharing. They also shape peer-to-peer acquisitions, mergers, partner buyouts, and equity swaps. Poor structure or conflicting agreements can reduce tax strategy options and create deal friction. Why entity maintenance matters Entity documents need to reflect reality. The team shares how outdated operating agreements and inconsistent ownership schedules can create serious issues during valuations, due diligence, disputes, or even basic financing. What maintenance actually includes Maintenance is more than annual state filings. It includes documenting changes, capturing ownership updates, maintaining minutes, and ensuring titles and governance terms stay consistent over time. The real risk: it is not an issue until it is The group explains why entity problems often stay hidden until a triggering event happens, such as an owner dispute, a loan request, a merger, or litigation. When that happens, outdated documents become evidence. In the context of succession planning Rather than doing entity work in isolation, the team recommends aligning structure with the firm’s goals first. That includes what the founder wants to do long-term, whether the path is internal succession, external sale, mergers, or ensemble building. Who is Featured in This Episode Nicole Frey, CFP® David Grau Jr., MBA Julia Sexton (Sullivan), CVA Ryan Grau, CVA, CBA Kristen Grau, CPA, CVA, CEPA Parker Finot Todd Fulks, JD, BFA Key Takeaway Entity design and maintenance are foundational. When done strategically, they make it easier to share equity, retain talent, execute transactions, and protect long-term value. When ignored, they create friction at the exact moments when a firm needs clarity the most.
The Exchange: The Truth About Advisor Contingency Planning (Ep. 27)
Advisor Contingency Planning In the first-ever episode of The SRG Exchange, SRG’s consulting team comes together for a candid discussion on one of the most overlooked and essential components of running a financial advisory firm: contingency planning. Drawing from real client experiences and day-to-day advisory work, the team breaks down what advisors often misunderstand, what regulators actually expect, and what a truly functional continuity plan must include. This conversation sheds light on the operational, legal, and relational challenges that surface when a plan fails, and offers practical steps to help advisors protect clients, revenue, and family long before an emergency occurs. Why Contingency Planning Still Falls Short The episode opens with a direct reality check. While nearly every advisor knows they should have a contingency plan, very few have one that would truly work under pressure. The team discusses common gaps they see across the industry, including: plans that exist only on paper and do not reflect firm reality unclear successor instructions incorrectly structured agreements that fail when tested BD or custodian forms mistaken for full plans They explain why these gaps become critical risks, not just for compliance, but for clients, staff, and family members who are left scrambling. Understanding What a Real Plan Looks Like From valuation considerations to internal decision-making authority, the team outlines the building blocks of a functional, actionable plan. Key insights include: why a contingency plan must tie directly to a firm’s legal entity structure the importance of identifying who actually has the authority to take over why buy-sell agreements are not always enough how entity maintenance impacts continuity readiness the role of service agreements, compensation, and communication plans The takeaway is clear. Effective contingency planning is not one-size-fits-all. It must be tailored to the firm’s ownership structure, internal roles, and growth stage. Lessons From the Field The discussion includes real scenarios pulled from SRG’s consulting work, including both successes and cautionary tales. Advisors will hear: what happens when documentation does not match operational reality how unexpected disability or death can affect valuation and transition options why even well-intentioned plans break down during crisis how firms that plan proactively preserve value and avoid chaos These examples ground the conversation in real-world impact and show exactly how preparation, or lack of it, plays out. Practical Guidance for Advisors The team shares tangible steps advisors can take to strengthen or build their plan, including: conducting a full review of existing agreements validating successor roles and responsibilities documenting operational continuity steps maintaining updated books, records, and entity documents ensuring clients know the firm has a plan in place They also discuss how often plans should be revisited, and why regular maintenance matters just as much as initial creation. Conclusion: Protecting What Matters Most The episode closes with a reminder that contingency planning is not just a compliance requirement. It is a fiduciary responsibility. By proactively addressing these issues, advisors protect their clients, their staff, the value of their firm, and the people they care about. The key takeaway: a contingency plan is not complete until it works in real life, under real pressure. Advisors who invest the time to get this right are better positioned to navigate the unexpected and maintain stability for their business and everyone who depends on it. Who is Featured in This Episode Nicole Frey, CFP® David Grau Jr., MBA Julia Sexton (Sullivan), CVA Ryan Grau, CVA, CBA Kristen Grau, CPA, CVA, CEPA Parker Finot Todd Fulks, JD, BFA
Organic & Inorganic Growth | How to be Successful with Both with Jeff Concepcion (Ep.26)
Organic and Inorganic Strategies for Financial Advisors In the fast-paced world of financial advisory, understanding the avenues toward sustainable business growth is crucial. The Fine Print Podcast recently featured an insightful discussion between David Grau Jr. MBA, President of Succession Resource Group, and Jeff Concepcion, Founder & CEO of Stratos Wealth Holdings. Their conversation explored the dynamic interplay of organic and inorganic growth, offering strategies and perspectives that every advisor striving for long-term success should consider. Introduction to Industry Challenges David Grau Jr. opened the dialogue by underscoring the importance of leveraging both organic and inorganic growth to build durable firms. Drawing from market valuation insights and succession planning, he highlighted how striking the right balance between these two growth engines can transform a practice from a traditional advisory business into a sustainable enterprise. Understanding Organic Growth Organic growth emerges from within a firm and relies on refining internal processes, optimizing referral marketing, and nurturing client relationships. Jeff Concepcion emphasized that organic growth should not be overshadowed by inorganic efforts. Instead, it should be treated as the foundation of a healthy business, with inorganic strategies serving as a complement. He also noted that organic growth can be a relatively low-cost, high-return strategy when firms apply discipline and creativity—whether through referrals, alliances, or using technology such as data analytics to uncover new opportunities. Inorganic Growth: The Acquisition Pathway The conversation then turned to inorganic growth, including mergers, acquisitions, and strategic partnerships. While this path often promises rapid expansion, Jeff Concepcion cautioned that it requires significant resources and should not serve as a substitute for organic growth. Rather, inorganic strategies are most effective when layered onto an already thriving business. Balancing the Two Growth Engines One of the most compelling points raised was the challenge of balancing growth strategies in the context of succession planning. David described how founders frequently worry that successors lack the ability to replicate their growth momentum. The solution, he argued, lies in preparing the next generation of advisors not just to maintain the status quo, but to innovate and lead new growth initiatives. Actionable Insights for Advisors Throughout the conversation, Jeff Concepcion shared practical advice for advisors looking to compete in today’s evolving marketplace. He stressed the importance of reinvesting in the business—whether through upgrading technology, acquiring top talent, or building infrastructure that supports scalable growth. By reinvesting strategically, firms can strengthen their organic growth engines while positioning themselves to take advantage of inorganic opportunities when they arise. This dual approach, he explained, is what ultimately creates enduring enterprise value. Conclusion: The Path Forward Looking to the future, Jeff Concepcion predicted increased concentration in the industry, with a small group of firms becoming notably large and influential. At the same time, he pointed out that new entrants continue to emerge, keeping the market vibrant and competitive. For advisors, this underscores the importance of tailoring growth strategies—both organic and inorganic—to their unique business models and long-term goals. The clear takeaway from this episode of The Fine Print: the path to building a successful advisory business is paved with intentional reinvestment and a balanced approach to growth. Whether through referrals, technology, or acquisitions, advisors who embrace both strategies will be best positioned to thrive in an ever-changing financial services landscape.
Empowering Independence | Building Self-Leading Teams with Saša Mirković (Ep. 25)
Watch the Replay Related Resources 2025 Advisor M&A Report Check Out our Press Release→ Succession Readiness Checklist Check Out the Checklist→ Selling Your Practice with Expert Advocacy Watch the Replay → Grab A Valuation We offer a variety of solutions and turnaround times to fit your needs. Join myCompass Our membership club grants you inside tips and opportunities to grow. Review our Seller Services We’re here to ensure you secure the best buyer, price and terms.
Balancing Act | Exploring Value and Terms in Deals (Ep. 24)
What’s the Deal with PE and Aggregators! (Ep. 23)
Watch the Replay Related Resources 2025 Advisor M&A Report Check Out our Press Release→ Succession Readiness Checklist Check Out the Checklist→ Selling Your Practice with Expert Advocacy Watch the Replay → Grab A Valuation We offer a variety of solutions and turnaround times to fit your needs. Join myCompass Our membership club grants you inside tips and opportunities to grow. Review our Seller Services We’re here to ensure you secure the best buyer, price and terms.
Executing A Successful Internal Succession Plan In The Private Equity Era Of Advisor M&A

Watch the Replay Related Resources 2025 Advisor M&A Report Check Out our Press Release→ Succession Readiness Checklist Check Out the Checklist→ Selling Your Practice with Expert Advocacy Watch the Replay → Grab A Valuation We offer a variety of solutions and turnaround times to fit your needs. Join myCompass Our membership club grants you inside tips and opportunities to grow. Review our Seller Services We’re here to ensure you secure the best buyer, price and terms.