AUSDAL FINANCIAL PARTNERS, INC. · AUSDAL FINANCIAL PARTNERS, INC. Section Title Report Summary...

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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

Transcript of AUSDAL FINANCIAL PARTNERS, INC. · AUSDAL FINANCIAL PARTNERS, INC. Section Title Report Summary...

Page 1: AUSDAL FINANCIAL PARTNERS, INC. · AUSDAL FINANCIAL PARTNERS, INC. Section Title Report Summary Firm History CRD# 7995 1 11 Firm Profile 2 - 10 ... AUSDAL, MONICA LEA TRUSTEE AUSDAL

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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About BrokerCheck®

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CRD® and is a combination of: o information FINRA and/or the Securities and Exchange Commission (SEC) require brokers and

brokerage firms to submit as part of the registration and licensing process, and o information that regulators report regarding disciplinary actions or allegations against firms or brokers.

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deciding to work with them. Your state securities regulator can help you research brokers and investment adviserrepresentatives doing business in your state.

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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

www.finra.org/brokercheck User Guidance

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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

2©2018 FINRA. All rights reserved. Report about AUSDAL FINANCIAL PARTNERS, INC.

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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):

6©2018 FINRA. All rights reserved. Report about AUSDAL FINANCIAL PARTNERS, INC.

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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?

10©2018 FINRA. All rights reserved. Report about AUSDAL FINANCIAL PARTNERS, INC.

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Firm History

This section provides information relating to any successions (e.g., mergers, acquisitions) involving the firm.

No information reported.

11©2018 FINRA. All rights reserved. Report about AUSDAL FINANCIAL PARTNERS, INC.

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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

12©2018 FINRA. All rights reserved. Report about AUSDAL FINANCIAL PARTNERS, INC.

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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

13©2018 FINRA. All rights reserved. Report about AUSDAL FINANCIAL PARTNERS, INC.

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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

14©2018 FINRA. All rights reserved. Report about AUSDAL FINANCIAL PARTNERS, INC.

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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

16©2018 FINRA. All rights reserved. Report about AUSDAL FINANCIAL PARTNERS, INC.

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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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