Home Q&A Forum Can an investment advisor change the terms of an advisory contract without the client's consent?

Contracts

Investment Advisory Contract

North Carolina

Asked on Dec 23, 2024

Can an investment advisor change the terms of an advisory contract without the client's consent?

I recently entered into an investment advisory contract with a financial advisor to manage my portfolio. However, I received a notice from the advisor stating that they will be making changes to the terms of the contract, including an increase in their fees and additional services that were not initially agreed upon. I am concerned about these changes as they were made without my consent and I would like to know if the advisor has the right to unilaterally modify the terms of the contract without my agreement.

Answers from 1 Lawyer

Answer

Contracts

North Carolina

Answered 522 days ago

Jeff G.

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If the original agreement allowed for the advisor to make these changes unilaterally (without your input/consent) and/or on some predefined periodic basis, then yes, they can. However, if the agreement is silent about changes to the terms of your relationship, or is otherwise restrictive about how/when changes can happen, then no, they can't simply decide to change the terms. The next thing you'll want to evaluate is the termination language of your agreement and see if and how much notice is required for either of you to end the relationship. It's sometimes the case that the change notification you received is really an attempt to get you to terminate the agreement when they don't have the power to do so. But you'd need someone to review the agreement for you to provide competent advice.

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I am seeking legal advice regarding an investment advisory contract that I have signed with a financial advisor. I have been dissatisfied with the services provided so far, as the advisor has not been transparent about their fees and has made poor investment decisions. I want to know if I have the right to terminate the contract and what the potential consequences or obligations might be if I do so.

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