Key Takeaways

  • Read your employment agreement carefully for non-competes
  • Non-competes may be negotiable or unenforceable
  • FINRA licenses have a 2-year maintenance window
Last updated: December 2025

Finance & Banking Playbook

"I have a non-compete—am I stuck?" — Maybe not. Let's look at your options.

Finance-Specific Considerations

IssueWhat to Know
Non-compete agreementsOften enforceable (unlike tech)
Garden leaveMay be paid to stay home
Bonus clawbackRead your agreement
FINRA registrations2-year maintenance window
Deferred compensationMay be forfeited

Non-Compete Reality (2025 Update)

States Where Non-Competes Are BANNED:

  • California
  • Minnesota
  • North Dakota
  • Oklahoma
  • Montana
  • Wyoming

FTC Federal Ban Status: DEAD as of September 2025. Federal court struck it down—enforceability now depends entirely on state law.

FactorImpact
State lawSome states don't enforce (see above)
Geographic scopeMay be limited to specific region
Time limitUsually 6-24 months
Role restrictionsMay only cover direct competitors
Your leverageSenior = more scrutiny, more negotiation

Always read the actual language. Non-competes are often narrower than people assume.

Negotiating Non-Competes

In severance negotiation, you may be able to:

  • Reduce scope (fewer competitors)
  • Shorten duration (12 months → 6 months)
  • Narrow geography
  • Get explicit carve-outs for specific employers

The company may not care about enforcement—it's worth asking.

FINRA Licensing

If you hold Series licenses (7, 63, 66, etc.):

SituationWhat Happens
EmployedLicense active
TerminatedLicense goes into U5 status
2-year windowCan reactivate without retaking exams
After 2 yearsMust re-take exams

Action items:

  1. Request copy of your U5 form
  2. Check for any negative disclosures
  3. Track your 2-year window
  4. If starting new role, transfer license promptly

Bonus and Deferred Comp

TypeLikely Outcome
Already paid bonusYours to keep (usually)
Earned but not yet paidCheck agreement—may be owed
Deferred compensationOften forfeited if unvested
Sign-on bonusMay have clawback provision

Job Search in Finance

RealityImplication
Relationship-drivenYour network is everything
Longer timelines4-6 month average
Fewer positionsMore competition
Compliance rolesOften hiring
Consulting/advisoryGood bridge option
Test Your Knowledge

How long do you have to reactivate FINRA registrations (like Series 7) without retaking the exams?

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