Debt / U4 / Loss of Registration

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May 2, 2012 2:00 pm

Hi all - 

I am a registered representative. I work for a pretty large firm as a brand new advisor. Last year, my wife and I got divorced and the divorce slammed me with bills that I had put on credit cards. The credit card debt at this point is nearly unmanageable. 

If I were to work with my credit card companies for a settlement/consolidation of my debt, would that need to be reported on my U4? Would it potentially cost me my job/registration?

Thank you!!

May 2, 2012 3:07 pm

You must report bankruptcy and any settlements with creditors is how it works. I'm positive about the first part, pretty sure about the last part. 

Firms are pretty used to this sort of thing, especially in the last 10 yrs or so. Where it could be a problem, is if you were to change firms and they do an extensive background check. It MAY be a problem in that case, but not a complete deal killer. Be honest, in how you handle this, because that is most important on how you may be viewed in the future.   

May 2, 2012 3:25 pm

Check with your complience manager.

May 3, 2012 1:31 pm

Both a bankrupcty and a compromise wtth a creditor must be reported via an amendment to the U4 within 30 days of the event.  I don't think these events are statutory disqualifications.  I can't speak for your employer.  The reality is that an employer can let an employee go for a reason or for no reason at all.  I would be surprised if the employer let you go for a comprmise with a creditor.  Here is a list of statutory disqualification that are on FINRA's website:

 Based upon the expanded definition of "disqualification," the list of disqualifying events are as follows:

certain misdemeanor and all felony criminal convictions for a period of ten years from the date of conviction. temporary and permanent injunctions (regardless of their age) issued by a court of competent jurisdiction involving a broad range of unlawful investment activities. expulsions (and current suspensions) from membership or participation in a self-regulatory organization. bars (and current suspensions) ordered by the Securities and Exchange Commission (SEC) or self-regulatory organizations. denials or revocations of registration by the SEC or Commodity Futures Trading Commission (CFTC). findings that a member or person has made certain false statements in applications or reports made to, or in proceedings before, self-regulatory organizations. any final order of a State securities commission (or any agency or officer performing like functions), State authority that supervises or examines banks, savings associations, or credit unions, State insurance commission (or any agency or office performing like functions), an appropriate Federal banking agency (as defined in Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), or the National Credit Union Administration, that

(i) bars such person from association with an entity regulated by such commission, authority, agency, or officer, or from engaging in the business of securities, insurance, banking, savings association activities, or credit union activities; or

(ii) constitutes a final order based on violations of any laws or regulations that prohibit fraudulent, manipulative, or deceptive conduct.

#ffffff;">@corp/documents/web_asset/P085537.gif);">findings by the SEC, CFTC or an SRO that a person: 1) "willfully" violated the federal securities or commodities laws, or the Municipal Securities Rulemaking Board (MSRB) rules; 2) "willfully" aided, abetted, counseled, commanded, induced or procured such violations; or 3) failed to supervise another who commits violations of such laws or rules.2
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