Iowa Statute Passes for Expungement of Investment Advisors Disclosures from CRD/IARD Record
Iowa HF 648 was passed into law in the state of Iowa by unanimous vote from the state senate and signed into law by Iowa’s Governor (see https://www.legis.iowa.gov/legislation/BillBook?ga=90&ba=HF%20648). This is a huge win for Investment Advisors in Iowa who now have access to expungement of disclosures by statute.
Expungement of disclosures from the Central Registration Depository (“CRD”) is a straightforward process when it comes to FINRA registered representatives. However, Investment Advisors registered with a state have limited legal rights to address false information on their CRD. Most states do not have legislation on the books to allow an Investment Advisor to seek expungement of disclosures. This prevents Investment Advisors from getting expungement because it becomes cost prohibitive and difficult to overcome procedural barriers to expungement absent a proper expungement statute.
Iowa is now a state that has a statute in the books to allow for seamless and efficient procedure for Investment Advisors seeking expungement, thanks to the State of Iowa and Iowa HF 648. You may qualify for expungement if your disclosure meets any one of the following:
- The Petitioner was not involved in the event that resulted in the creation of the record.
- The information in the record is erroneous or impossible to be true.
- The information in the record is false.
- A decision in an administrative, judicial, or arbitration proceeding found that the Petitioner did not act in a manner described in the record.
- The court determines that equitable principles require that such relief be granted.
HLBS Law and specifically, Michael Bessette, who is a Managing Attorney at HLBS Law, worked with the Iowa Senate to help draft and provide oral arguments in a Senate subcommittee on Iowa HF 648. Mr. Bessette has had the privilege to represent Investment Advisors across the country, including in Iowa. Although the absence of a statute for expungement was all too familiar for Mr. Bessette, he was presented with an opportunity to help make a change for Investment Advisors in Iowa. Thanks to the hard work of Mr. Bessette, other colleagues, Brian Nikulski, and the State of Iowa, Iowa HF 648 was signed into law. If you are an investment advisor interested in seeking expungement, please contact us today.
While we are excited for Investment Advisors in Iowa, the fight does not end there. HLBS Law has a goal of getting similar legislation passed in other states in the future. If you are an Investment Advisor who wants to help make a change in their state, give us a call today.
Photo by: Alvaro Serrano