AUSDAL FINANCIAL PARTNERS, INC. · AUSDAL FINANCIAL PARTNERS, INC. Section Title Report Summary...
Transcript of AUSDAL FINANCIAL PARTNERS, INC. · AUSDAL FINANCIAL PARTNERS, INC. Section Title Report Summary...
BrokerCheck Report
AUSDAL FINANCIAL PARTNERS, INC.
Section Title
Report Summary
Firm History
CRD# 7995
1
11
Firm Profile 2 - 10
Page(s)
Firm Operations 12 - 17
Disclosure Events 18
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AUSDAL FINANCIAL PARTNERS,INC.
CRD# 7995
SEC# 8-24519
Main Office Location
5187 UTICA RIDGE RDDAVENPORT, IA 52807Regulated by FINRA Kansas City Office
Mailing Address
5187 UTICA RIDGE RDDAVENPORT, IA 52807
This firm is a brokerage firm and an investmentadviser firm. For more information aboutinvestment adviser firms, visit the SEC'sInvestment Adviser Public Disclosure website at:
Business Telephone Number
563-326-2064
https://www.adviserinfo.sec.gov
Report Summary for this Firm
This report summary provides an overview of the brokerage firm. Additional information for this firm can be foundin the detailed report.
Disclosure Events
Brokerage firms are required to disclose certaincriminal matters, regulatory actions, civil judicialproceedings and financial matters in which the firm orone of its control affiliates has been involved.
Are there events disclosed about this firm? Yes
The following types of disclosures have beenreported:
Type Count
Regulatory Event 1
Arbitration 1
Firm Profile
This firm is classified as a corporation.
This firm was formed in Iowa on 08/13/1979.
Its fiscal year ends in January.
Firm History
Information relating to the brokerage firm's historysuch as other business names and successions(e.g., mergers, acquisitions) can be found in thedetailed report.
Firm Operations
Is this brokerage firm currently suspended with anyregulator? No
This firm conducts 16 types of businesses.
This firm is affiliated with financial or investmentinstitutions.
This firm has referral or financial arrangements withother brokers or dealers.
This firm is registered with:
• the SEC• 1 Self-Regulatory Organization• 52 U.S. states and territories
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This firm is classified as a corporation.
This firm was formed in Iowa on 08/13/1979.
CRD#
This section provides the brokerage firm's full legal name, "Doing Business As" name, business and mailingaddresses, telephone number, and any alternate name by which the firm conducts business and where such name isused.
Firm Profile
Firm Names and Locations
Its fiscal year ends in January.
AUSDAL FINANCIAL PARTNERS, INC.
SEC#
7995
8-24519
Main Office Location
Mailing Address
Business Telephone Number
Doing business as AUSDAL FINANCIAL PARTNERS, INC.
563-326-2064
Regulated by FINRA Kansas City Office
5187 UTICA RIDGE RDDAVENPORT, IA 52807
5187 UTICA RIDGE RDDAVENPORT, IA 52807
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This section provides information relating to all direct owners and executive officers of the brokerage firm.
Direct Owners and Executive Officers
Firm Profile
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
AUSDAL LIVING TRUST
SHAREHOLDER
10% but less than 25%
No
Domestic Entity
02/2012
No
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
EQUITY INVESTMENTS, L.C.
SHAREHOLDER
10% but less than 25%
No
Domestic Entity
04/2008
No
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
Position
Percentage of Ownership
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
MICKELSEN, KRAIG RICHARD
SHAREHOLDER
10% but less than 25%
Individual
04/2007
No
2845238
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
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Direct Owners and Executive Officers (continued)
Firm Profile
Is this a public reportingcompany?
Does this owner direct themanagement or policies ofthe firm?
No
No
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
SIMPSON, HEATHER DEBRAY
SHAREHOLDER
10% but less than 25%
No
Individual
04/2006
No
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
WITTER, JESSICA ANN
SHAREHOLDER
5% but less than 10%
No
Individual
01/2011
No
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
Position
Position Start Date
AUSDAL, MONICA LEA
SHAREHOLDER, TRUSTEE
Individual
12/2005
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
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Direct Owners and Executive Officers (continued)
Firm Profile
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
Less than 5%
No
12/2005
No
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
AUSDAL, ROBERT BURNS JR
PRESIDENT, CHIEF FINANCIAL OFFICER,FINANCIAL AND OPERATIONSPRINCIPAL, SHAREHOLDER, TRUSTEE, CCO OF RIA
Less than 5%
No
Individual
06/1995
Yes
734479
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
HICKS, JOHN BRYAN
DIRECTOR, SHAREHOLDER,VICE PRESIDENT, CORPORATE SECRETARY
Less than 5%
No
Individual
07/2012
Yes
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
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Direct Owners and Executive Officers (continued)
Firm Profile
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
LINDBERG, CHARLES ALAN
SHAREHOLDER
Less than 5%
No
Individual
04/2008
No
3242093
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
OAKES, EVELYN MARION
SHAREHOLDER
Less than 5%
No
Individual
04/2014
No
6329811
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
Position
Percentage of Ownership
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
ROBERTS, DAVID BRUCE
CHAIRMAN, DIRECTOR, SHAREHOLDER,VICE PRESIDENT
Less than 5%
Individual
07/2012
Yes
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
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Direct Owners and Executive Officers (continued)
Firm Profile
Is this a public reportingcompany?
Does this owner direct themanagement or policies ofthe firm?
No
Yes
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
SAWTELLE, STEPHEN BARRA
DIRECTOR, SHAREHOLDER
Less than 5%
No
Individual
11/2010
Yes
705584
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
SIMPSON, JAMES J
EXECUTIVE VICE PRESIDENT,DIRECTOR
Less than 5%
No
Individual
04/2007
Yes
2204191
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
WESTCOMB, NATHAN DAVID
Individual
6342420
Is this a domestic or foreignentity or an individual?
Legal Name & CRD# (if any):
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Direct Owners and Executive Officers (continued)
Firm Profile
Position
Percentage of Ownership
Is this a public reportingcompany?
Position Start Date
Does this owner direct themanagement or policies ofthe firm?
CHIEF COMPLIANCE OFFICER
Less than 5%
No
Individual
05/2016
No
Is this a domestic or foreignentity or an individual?
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This section provides information relating to any indirect owners of the brokerage firm.
Indirect Owners
Firm Profile
AUSDAL, MONICA LEA
TRUSTEE
AUSDAL LIVING TRUST
50% but less than 75%
No
Individual
02/2012
No
Legal Name & CRD# (if any):
Is this a domestic or foreignentity or an individual?
Company through whichindirect ownership isestablished
Relationship to Direct Owner
Relationship Established
Percentage of Ownership
Does this owner direct themanagement or policies ofthe firm?
Is this a public reportingcompany?
AUSDAL, ROBERT BURNS JR
TRUSTEE
AUSDAL LIVING TRUST
50% but less than 75%
No
Individual
02/2012
Yes
Legal Name & CRD# (if any):
Is this a domestic or foreignentity or an individual?
Company through whichindirect ownership isestablished
Relationship to Direct Owner
Relationship Established
Percentage of Ownership
Does this owner direct themanagement or policies ofthe firm?
Is this a public reportingcompany?
HODGE, MICHAEL EDWARD
EQUITY INVESTMENTS, L.C.
Individual
Legal Name & CRD# (if any):
Is this a domestic or foreignentity or an individual?
Company through whichindirect ownership isestablished
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Indirect Owners (continued)
Firm Profile
UNITHOLDER, MANAGER
EQUITY INVESTMENTS, L.C.
50% but less than 75%
No
01/2008
Yes
Company through whichindirect ownership isestablished
Relationship to Direct Owner
Relationship Established
Percentage of Ownership
Does this owner direct themanagement or policies ofthe firm?
Is this a public reportingcompany?
OAKES, DEAN GORDON
UNITHOLDER, MANAGER
EQUITY INVESTMENTS L.C.
25% but less than 50%
No
Individual
01/2008
Yes
Legal Name & CRD# (if any):
Is this a domestic or foreignentity or an individual?
Company through whichindirect ownership isestablished
Relationship to Direct Owner
Relationship Established
Percentage of Ownership
Does this owner direct themanagement or policies ofthe firm?
Is this a public reportingcompany?
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Firm History
This section provides information relating to any successions (e.g., mergers, acquisitions) involving the firm.
No information reported.
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Firm Operations
RegistrationsThis section provides information about the regulators (Securities and Exchange Commission (SEC), self-regulatoryorganizations (SROs), and U.S. states and territories) with which the brokerage firm is currently registered andlicensed, the date the license became effective, and certain information about the firm's SEC registration.
This firm is currently registered with the SEC, 1 SRO and 52 U.S. states and territories.
SEC Registration Questions
This firm is registered with the SEC as:
A broker-dealer:
A broker-dealer and government securities broker or dealer:
A government securities broker or dealer only:
This firm has ceased activity as a government securities broker or dealer:
Yes
Yes
No
No
Federal Regulator Status Date Effective
SEC Approved 02/27/1980
Self-Regulatory Organization Status Date Effective
FINRA Approved 01/07/1980
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Firm Operations
Registrations (continued)
U.S. States &Territories
Status Date Effective
Alabama Approved 09/12/2002
Alaska Approved 08/12/2009
Arizona Approved 09/25/2002
Arkansas Approved 12/12/2008
California Approved 07/09/1986
Colorado Approved 06/20/2002
Connecticut Approved 11/20/2006
Delaware Approved 10/15/2009
District of Columbia Approved 09/14/2009
Florida Approved 09/12/2002
Georgia Approved 01/13/1989
Hawaii Approved 01/04/2010
Idaho Approved 10/10/2006
Illinois Approved 07/11/1980
Indiana Approved 12/05/2002
Iowa Approved 07/08/1983
Kansas Approved 08/30/2007
Kentucky Approved 04/17/2006
Louisiana Approved 07/06/2006
Maine Approved 10/28/2009
Maryland Approved 12/09/2008
Massachusetts Approved 08/11/2008
Michigan Approved 03/25/2004
Minnesota Approved 04/10/2006
Mississippi Approved 10/06/2006
Missouri Approved 02/28/1988
Montana Approved 05/08/2009
Nebraska Approved 04/03/2006
Nevada Approved 11/01/2006
New Hampshire Approved 02/27/2009
New Jersey Approved 05/18/2006
New Mexico Approved 11/17/2006
New York Approved 10/08/1986
U.S. States &Territories
Status Date Effective
North Carolina Approved 11/09/2006
North Dakota Approved 11/28/2006
Ohio Approved 04/23/2009
Oklahoma Approved 03/25/2008
Oregon Approved 09/16/2002
Pennsylvania Approved 07/11/1988
Puerto Rico Approved 03/18/2015
Rhode Island Approved 09/18/2009
South Carolina Approved 06/16/2008
South Dakota Approved 10/10/2006
Tennessee Approved 03/25/2010
Texas Approved 07/16/2004
Utah Approved 10/10/2006
Vermont Approved 11/08/2010
Virginia Approved 11/14/2007
Washington Approved 10/05/2006
West Virginia Approved 02/25/2010
Wisconsin Approved 02/20/1992
Wyoming Approved 10/18/2006
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Firm Operations
Types of BusinessThis section provides the types of business, including non-securities business, the brokerage firm is engaged in orexpects to be engaged in.
Other Types of Business
This firm does not effect transactions in commodities, commodity futures, or commodity options.This firm does engage in other non-securities business.
Non-Securities Business Description: 11B BUY & SELL GOLD & SILVER COINS OFFER VARIABLE CONTRACTS& LIFE INSURANCE.
This firm currently conducts 16 types of businesses.
Types of Business
Broker or dealer retailing corporate equity securities over-the-counter
Broker or dealer selling corporate debt securities
Underwriter or selling group participant (corporate securities other than mutual funds)
Mutual fund underwriter or sponsor
Mutual fund retailer
U S. government securities dealer
U S. government securities broker
Municipal securities dealer
Municipal securities broker
Broker or dealer selling variable life insurance or annuities
Solicitor of time deposits in a financial institution
Put and call broker or dealer or option writer
Investment advisory services
Trading securities for own account
Private placements of securities
Broker or dealer involved in a networking, kiosk or similar arrangment with a: bank, savings bank or association, orcredit union
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Firm Operations
Clearing Arrangements
This firm does not hold or maintain funds or securities or provide clearing services for other broker-dealer(s).
Introducing Arrangements
This firm does refer or introduce customers to other brokers and dealers.
Name: PERSHING LLC
Business Address: 1 PERSHING PLAZAJERSEY CITY, NJ 07399
CRD #: 7560
Effective Date: 10/01/2008
Description: PERSHING LLC CLEARS TRADES FOR AUSDAL FINANCIAL PARTNERSON A FULLY DISCLOSED BASIS
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Firm Operations
Industry Arrangements
This firm does have books or records maintained by a third party.
This firm does have accounts, funds, or securities maintained by a third party.
This firm does have customer accounts, funds, or securities maintained by a third party.
This firm does not have individuals who control its management or policies through agreement.
This firm does not have individuals who wholly or partly finance the firm's business.
Control Persons/Financing
Name: PERSHING LLC
Business Address: 1 PERSHING PLAZAJERSEY CITY, NJ 07399
CRD #: 7560
Effective Date: 10/01/2008
Description: PERSHING LLC CLEARS TRADES FOR AUSDAL FINANCIAL PARTNERSON A FULLY DISCLOSED BASIS
Name: PERSHING LLC
Business Address: 1 PERSHING PLAZAJERSEY CITY, NJ 07399
CRD #: 7560
Effective Date: 10/01/2008
Description: PERSHING LLC CLEARS TRADES FOR AUSDAL FINANCIAL PARTNERSON A FULLY DISCLOSED BASIS
Name: PERSHING LLC
Business Address: 1 PERSHING PLAZAJERSEY CITY, NJ 07399
CRD #: 7560
Effective Date: 10/01/2008
Description: PERSHING LLC CLEARS TRADES FOR AUSDAL FINANCIAL PARTNERSON A FULLY DISCLOSED BASIS
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Firm Operations
Organization AffiliatesThis section provides information on control relationships the firm has with other firms in the securities, investmentadvisory, or banking business.
This firm is, directly or indirectly:
· in control of· controlled by· or under common control withthe following partnerships, corporations, or other organizations engaged in the securities or investmentadvisory business.
Yes
No
No
01/31/2016
310 S. HALE STREETWHEATON, IL 60187
AMPLIFY INVESTMENTS, LLC is under common control with the firm.
JAMES JEFFERSON SIMPSON (CRD NO. 2204191) SITS ON THE BOARD OFAMPLIFY HOLDING COMPANY, LLC WHICH OWNS 100% OF AMPLIFYINVESTMENTS, LLC (REGISTERED INVESTMENT ADVISOR). AMPLIFYINVESTMENTS, LLC IS A WHOLESALER OF ETFS. BASED ON MR.SIMPSON'S BOARD POSITION HE IS CONSIDERED TO HAVE CONTROLOVER A CORPORATION ENGAGED IN INVESTMENT ADVISORY BUSINESS.
Description:
Investment AdvisoryActivities:
Securities Activities:
Country:
Foreign Entity:
Effective Date:
Business Address:
This firm is not directly or indirectly, controlled by the following:
· bank holding company· national bank· state member bank of the Federal Reserve System· state non-member bank· savings bank or association· credit union· or foreign bank
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Disclosure Events
All firms registered to sell securities or provide investment advice are required to disclose regulatory actions, criminal orcivil judicial proceedings, and certain financial matters in which the firm or one of its control affiliates has been involved.For your convenience, below is a matrix of the number and status of disclosure events involving this brokerage firm orone of its control affiliates. Further information regarding these events can be found in the subsequent pages of thisreport.
Final On AppealPending
Regulatory Event 0 1 0
Arbitration N/A 1 N/A
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Disclosure Event Details
What you should know about reported disclosure events:
1. BrokerCheck provides details for any disclosure event that was reported in CRD. It also includessummary information regarding FINRA arbitration awards in cases where the brokerage firm wasnamed as a respondent.
2. Certain thresholds must be met before an event is reported to CRD, for example: o A law enforcement agency must file formal charges before a brokerage firm is required to disclose a
particular criminal event.3. Disclosure events in BrokerCheck reports come from different sources:
o Disclosure events for this brokerage firm were reported by the firm and/or regulators. When the firmand a regulator report information for the same event, both versions of the event will appear in theBrokerCheck report. The different versions will be separated by a solid line with the reporting sourcelabeled.
4. There are different statuses and dispositions for disclosure events: o A disclosure event may have a status of pending, on appeal, or final.
§ A "pending" event involves allegations that have not been proven or formally adjudicated.§ An event that is "on appeal" involves allegations that have been adjudicated but are currently
being appealed.§ A "final" event has been concluded and its resolution is not subject to change.
o A final event generally has a disposition of adjudicated, settled or otherwise resolved.§ An "adjudicated" matter includes a disposition by (1) a court of law in a criminal or civil matter,
or (2) an administrative panel in an action brought by a regulator that is contested by the partycharged with some alleged wrongdoing.
§ A "settled" matter generally involves an agreement by the parties to resolve the matter.Please note that firms may choose to settle customer disputes or regulatory matters forbusiness or other reasons.
§ A "resolved" matter usually involves no payment to the customer and no finding ofwrongdoing on the part of the individual broker. Such matters generally involve customerdisputes.
5. You may wish to contact the brokerage firm to obtain further information regarding any of thedisclosure events contained in this BrokerCheck report.
Regulatory - Final
This type of disclosure event involves (1) a final, formal proceeding initiated by a regulatory authority (e.g., a statesecurities agency, self-regulatory organization, federal regulator such as the U.S. Securities and Exchange Commission,foreign financial regulatory body) for a violation of investment-related rules or regulations; or (2) a revocation orsuspension of the authority of a brokerage firm or its control affiliate to act as an attorney, accountant or federalcontractor.
Disclosure 1 of 1
Reporting Source: Regulator
Allegations: SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE17A-4, FINRA RULE 2010, NASD RULES 2110, 3110: THE FIRM FAILED TORETAIN SOME EMAIL CORRESPONDENCE RELATED TO ITS BUSINESS AS ABROKER-DEALER FOR OVER TWO YEARS. THE FIRM BEGAN USING A NEWTHIRD-PARTY EMAIL PROVIDER TO RETAIN ITS EMAILS, AND WHEN THEPROVIDER IMPLEMENTED THE FIRM'S EMAIL RETENTION SYSTEM, ITESTABLISHED EMAIL ADDRESSES FOR THE FIRM'S PERSONNEL ON ITSSERVER. AFTER THE INITIAL SET-UP, THE FIRM WAS RESPONSIBLE FORESTABLISHING NEW EMAIL ADDRESSES ON THE SERVER. DUE TO USERERROR, FOR OVER TWO YEARS, THE FIRM FAILED TO ESTABLISH NEWEMAIL ADDRESSES ON THE SERVER FOR SEVERAL NEWLY-REGISTEREDREPRESENTATIVES AND ASSOCIATED PERSONNEL AND THEREFOREFAILED TO RETAIN THE EMAILS OF THESE REPRESENTATIVES ANDASSOCIATED PERSONNEL. THE FIRM WAS ABLE TO RETRIEVE EMAILS FORSOME OF THESE REPRESENTATIVES AND ASSOCIATED PERSONNELAFTER IT DISCOVERED THAT THE EMAIL ADDRESSES HAD NOT BEENESTABLISHED ON THE SERVER. THE FIRM ALLOWED ITS REGISTEREDREPRESENTATIVES TO USE THEIR PERSONAL EMAIL ADDRESSES, ASLONG AS THEY FORWARDED SECURITIES-RELATED EMAILS TO ANY OFTHE EMAIL REVIEW BOXES ESTABLISHED BY THE FIRM. HOWEVER, FOR APERIOD, THE EMAILS SENT TO ONE OF THESE EMAIL REVIEW BOXESWERE NOT RETAINED. THESE EMAILS WERE DELETED ON A WEEKLYBASIS BECAUSE THE REVIEW BOX WOULD BECOME FULL AND WOULDNOT ACCEPT ANY ADDITIONAL EMAILS.
Current Status: Final
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Initiated By: FINRA
Principal Sanction(s)/ReliefSought:
Other
Other Sanction(s)/ReliefSought:
N/A
Date Initiated: 12/20/2012
Docket/Case Number: 2011028992201
Principal Product Type: No Product
Other Product Type(s):
Allegations: SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 AND RULE17A-4, FINRA RULE 2010, NASD RULES 2110, 3110: THE FIRM FAILED TORETAIN SOME EMAIL CORRESPONDENCE RELATED TO ITS BUSINESS AS ABROKER-DEALER FOR OVER TWO YEARS. THE FIRM BEGAN USING A NEWTHIRD-PARTY EMAIL PROVIDER TO RETAIN ITS EMAILS, AND WHEN THEPROVIDER IMPLEMENTED THE FIRM'S EMAIL RETENTION SYSTEM, ITESTABLISHED EMAIL ADDRESSES FOR THE FIRM'S PERSONNEL ON ITSSERVER. AFTER THE INITIAL SET-UP, THE FIRM WAS RESPONSIBLE FORESTABLISHING NEW EMAIL ADDRESSES ON THE SERVER. DUE TO USERERROR, FOR OVER TWO YEARS, THE FIRM FAILED TO ESTABLISH NEWEMAIL ADDRESSES ON THE SERVER FOR SEVERAL NEWLY-REGISTEREDREPRESENTATIVES AND ASSOCIATED PERSONNEL AND THEREFOREFAILED TO RETAIN THE EMAILS OF THESE REPRESENTATIVES ANDASSOCIATED PERSONNEL. THE FIRM WAS ABLE TO RETRIEVE EMAILS FORSOME OF THESE REPRESENTATIVES AND ASSOCIATED PERSONNELAFTER IT DISCOVERED THAT THE EMAIL ADDRESSES HAD NOT BEENESTABLISHED ON THE SERVER. THE FIRM ALLOWED ITS REGISTEREDREPRESENTATIVES TO USE THEIR PERSONAL EMAIL ADDRESSES, ASLONG AS THEY FORWARDED SECURITIES-RELATED EMAILS TO ANY OFTHE EMAIL REVIEW BOXES ESTABLISHED BY THE FIRM. HOWEVER, FOR APERIOD, THE EMAILS SENT TO ONE OF THESE EMAIL REVIEW BOXESWERE NOT RETAINED. THESE EMAILS WERE DELETED ON A WEEKLYBASIS BECAUSE THE REVIEW BOX WOULD BECOME FULL AND WOULDNOT ACCEPT ANY ADDITIONAL EMAILS.
Resolution Date: 12/20/2012
Resolution:
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Acceptance, Waiver & Consent(AWC)
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Other Sanctions Ordered:
Sanction Details: WITHOUT ADMITTING OR DENYING THE FINDINGS, THE FIRM CONSENTEDTO THE DESCRIBED SANCTIONS AND TO THE ENTRY OF FINDINGS,THEREFORE THE FIRM IS CENSURED AND FINED $25,000. FINE PAID INFULL ON 12/27/12.
Does the order constitute afinal order based onviolations of any laws orregulations that prohibitfraudulent, manipulative, ordeceptive conduct?
No
Sanctions Ordered: CensureMonetary/Fine $25,000.00
iReporting Source: Firm
Initiated By: FINRA
Principal Sanction(s)/ReliefSought:
Censure
Other Sanction(s)/ReliefSought:
A FINE OF $25,000
Date Initiated: 12/20/2012
Docket/Case Number: 2011028992201
Principal Product Type: No Product
Other Product Type(s):
Allegations: AUSDAL FAILED TO RETAIN SOME EMAIL CORRESPONDENCE RELATED TOITS BUSINESS AS A BROKER-DEALER FROM OCTOBER 2008 THROUGHJUNE 2011, IN VIOLATION OF NASD RULES 3110 AND 2110, FINRA RULE2010, SECTION 17(A) OF THE SECURITIES EXCHANGE ACT OF 1934 ANDRULE 1 7A-4 PROMULGATED THEREUNDER.
Current Status: Final
Resolution Date: 12/20/2012
Resolution:
Other Sanctions Ordered:
Sanction Details: AUSDAL SUBMITTED A $25,000 PAYMENT TO FINRA ON 12/26/2012
Sanctions Ordered: CensureMonetary/Fine $25,000.00
Acceptance, Waiver & Consent(AWC)
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Sanction Details: AUSDAL SUBMITTED A $25,000 PAYMENT TO FINRA ON 12/26/2012
Firm Statement ON JUNE 27, 2011, AUSDAL FINANCIAL PARTNERS, INC. (AUSDAL)DISCOVERED THAT CERTAIN E-MAIL ADDRESSES WERE NOT BEINGRETAINED BY AUSDAL'S THEN THIRD-PARTY E-MAIL VENDOR. AUSDALPROMPTLY CONTACTED THE E-MAIL VENDOR TO INQUIRE WHY E-MAILSWERE NOT BEING RETAINED. AUSDAL LEARNED THAT THE E-MAILADDRESSES AT ISSUE HAD NOT PROPERLY BEEN SET UP.
AUSDAL PROMPTLY CONDUCTED A FIRM-WIDE UNDERTAKING TO ENSURETHAT ALL OF ITS REPRESENTATIVE'S AND ASSOCIATED PERSON'S E-MAILSWOULD BE CAPTURED BY ITS EXISTING E-MAIL VENDOR'S SYSTEMS, ON AGOING-FORWARD BASIS. AUSDAL WAS ALSO ABLE TO RE-CAPTURE ANUMBER OF THE E-MAILS FOR CERTAIN OF THE AUSDALREPRESENTATIVES AND/OR ASSOCIATED PERSONNEL THAT HAD NOTBEEN CAPTURED AND RETAINED; THIS WAS MADE POSSIBLE BECAUSETHESE CERTAIN INDIVIDUALS HAD MAINTAINED E-MAILS ON THEIRPERSONAL HARD DRIVES. AUSDAL SELF-REPORTED THIS ISSUE TOFINRA, IN WRITING, ON JULY 15, 2011. AUSDAL CHANGED E-MAILVENDORS AS OF OCTOBER 28, 2011. ALL AUSDAL REPRESENTATIVES ANDASSOCIATED PERSONS WERE REQUIRED TO USE THE NEW E-MAILVENDOR'S PLATFORM AS OF JANUARY 1, 2012. AUSDALREPRESENTATIVES WERE ADVISED OF THIS REQUIREMENT AT THEAUSDAL ANNUAL COMPLIANCE MEETINGS HELD ON OCTOBER 20, 2011AND NOVEMBER 10, 2011. AUSDAL REPRESENTATIVES WORK DIRECTLYWITH AUSDAL'S NEW E-MAIL VENDOR TO ENSURE THAT THEREPRESENTATIVE'S AUSDAL E-MAIL ADDRESS IS SET UP PROPERLY, ANDIS BEING CAPTURED AND RETAINED BY THE NEW E-MAIL VENDOR'SSYSTEM. AUSDAL, UPON RECEIVING NOTICE FROM THE E-MAIL VENDORTHAT THE AUSDAL REPRESENTATIVE'S E-MAIL ADDRESS HAS BEEN SETUP PROPERLY AND E-MAILS ARE BEING CAPTURED AND RETAINED, THENCONDUCTS ITS OWN TESTING TO VERIFY THAT ALL REPRESENTATIVE E-MAILS ARE, IN FACT, BEING CAPTURED AND RETAINED.
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Arbitration Award - Award / Judgment
Brokerage firms are not required to report arbitration claims filed against them by customers; however, BrokerCheckprovides summary information regarding FINRA arbitration awards involving securities and commodities disputesbetween public customers and registered securities firms in this section of the report. The full text of arbitration awards issued by FINRA is available at www.finra.org/awardsonline.
Disclosure 1 of 1
Reporting Source: Regulator
Type of Event: ARBITRATION
Arbitration Forum:
Case Initiated:
Case Number:
Allegations:
Disputed Product Type:
Sum of All Relief Requested:
Disposition:
Disposition Date:
Sum of All Relief Awarded:
FINRA
05/23/2014
14-01552
ACCOUNT ACTIVITY-BRCH OF FIDUCIARY DT; ACCOUNT ACTIVITY-OTHER;ACCOUNT ACTIVITY-SUITABILITY; ACCOUNT RELATED-BREACH OFCONTRACT; ACCOUNT RELATED-FAILURE TO SUPERVISE; ACCOUNTRELATED-NEGLIGENCE
VARIABLE ANNUITIES
Unspecified Damages
AWARD AGAINST PARTY
06/08/2015
$1,250,762.67
There may be a non-monetary award associated with this arbitration.Please select the Case Number above to view more detailed information.
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End of Report
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