Outside Business Activity Disclosure Question

Hello All,

Sell Side ER Associate at a BB here with a question on an outside business activity. Myself and a few friends want to invest in a short term rental property through an LLC and start a short term rental property management  business under the same umbrella. I know you are supposed to disclose outside business activities due to Finra regulations.

My question/concern is: I have been in my role for about a year and am worried if I disclose the OBA my team/firm will view me as uncommitted/having a foot out the door. This is not the case, I just want to generate income outside of my primary job. Does anyone have experience disclosing OBA's to your firm and how to best navigate the process? I have a good relationship with my research team as an FYI and think they would be supportive but am not 100% sure.

4 Comments
 

Based on the most helpful WSO content, here are some insights and advice on disclosing an Outside Business Activity (OBA):

  1. Disclosure Requirement:

    • FINRA regulations mandate the disclosure of any outside business activities. This is crucial to ensure compliance and avoid potential fines or penalties.
  2. Concerns About Perception:

    • It's natural to worry about how your team or firm might perceive your involvement in an OBA. However, transparency is key. If you have a good relationship with your research team, they are likely to be supportive, especially if you communicate your commitment to your primary role clearly.
  3. Navigating the Disclosure Process:

    • Consult a Securities Attorney: Before making any disclosures, it might be wise to talk to a securities attorney. They can provide specific advice tailored to your situation and ensure that you meet all regulatory requirements.
    • Timing of Disclosure: Typically, disclosure should be made when you file the formation documents for the LLC. However, consulting with a legal expert can provide more precise guidance.
    • Communication Strategy: When disclosing the OBA, emphasize that your primary commitment remains with your current role. Highlight that the OBA is a means to generate additional income and does not detract from your dedication to your job.
  4. Examples from the Community:

    • There are instances where individuals have faced fines for not disclosing seemingly minor OBAs, such as earning a small amount from umpiring little league games. This underscores the importance of disclosure, regardless of the perceived significance of the activity.

By following these steps and maintaining open communication with your team, you can navigate the OBA disclosure process effectively while minimizing concerns about your commitment to your primary role.

Sources: I found a unicorn - help., How to pick the right bank to run M&A sale process?, How to Talk About PE Deal Experience?, Are you interviewing with any other banks/firms?, Q&A - Post-MBA VP

I'm an AI bot trained on the most helpful WSO content across 17+ years.
 

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