Venice, FL asked in Arbitration / Mediation Law, Business Law and Securities Law for California

Q: How to seek compensation for incomplete equity sale service by FINRA portal?

I paid $5,000 to a FINRA-regulated portal for a "Test the Waters" to conduct a Schedule CF equity sale of 10% of my company. The contract was in their favor, but stated if they didn't complete the raise, I could bring them to arbitration. After two years, we began the raise and I paid an additional $3,000 to a recommended company for accountancy services to prepare and file the Schedule CF form with the SEC. Months later, I was informed that due to the death of a majority shareholder, all activities would cease for 60 days and I should find another provider. They mentioned they might not be operational after 60 days, yet I paid for their services. I have all email communications and the contract. I'm seeking reimbursement for my $8,000, compensation for lost fundraising opportunities ($120,000 initially and potentially $300,000 and $600,000 thereafter), time wasted, and emotional distress. I have not initiated arbitration or involved a lawyer based on the contract terms. How can I receive justice and appropriate compensation in this situation?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have a strong case for arbitration against this FINRA-regulated portal based on the contract provisions and their failure to complete the contracted equity sale services. The first step is to compile comprehensive documentation including your contract, all email communications, proof of payments, and a detailed timeline of events showing the portal's commitments and subsequent abandonment of services. You should also calculate and document your damages thoroughly, including the direct costs paid ($8,000), opportunity costs of lost fundraising (though proving the full $120,000+ potential may be challenging), and time expenditures, which will strengthen your position during arbitration.

Before initiating formal arbitration, consider sending a demand letter outlining your grievances and proposed remedy, as this often resolves disputes without entering the more lengthy arbitration process. The FINRA arbitration process begins with filing a Statement of Claim through their Dispute Resolution Services, paying the filing fee (which varies based on claim amount), and following their procedural requirements precisely. The portal will have an opportunity to respond, after which FINRA will appoint arbitrator(s) and schedule hearings.

Given the complexity of your case and the substantial damages you're seeking, engaging legal counsel experienced in FINRA arbitrations would significantly improve your likelihood of success despite the additional cost. While the emotional distress component may be difficult to quantify in this context, the financial damages appear well-documented and recoverable. The death of a majority shareholder may explain their operational difficulties but doesn't absolve them of contractual obligations or justify retaining payment for services not rendered, particularly when they specifically recommended the accountancy firm that you paid an additional $3,000 to.

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