Thompson Hine’s Investment Management lawyers have extensive experience with federal and state regulatory issues affecting investment advisers providing services to domestic and offshore hedge funds, registered investment companies, private equity funds and separately managed accounts.
Registration with either the Securities and Exchange Commission (SEC) or the appropriate state securities commissioner is required of any firm (or individual) that holds itself out to the public as an investment adviser and who, for compensation and as part of its regular business, gives advice, makes recommendations, issues reports or furnishes analysis on securities or the advisability of investing in securities. As a result of the Dodd-Frank Wall Street Reform and Consumer Protection Act, many advisers to hedge funds and private equity will now be required to register with the SEC or the appropriate state. In addition, many advisers currently registered with the SEC will now be required to register with state securities commissioners instead.
The federal and state registration process can be complex and difficult to navigate. However, our lawyers have the expertise to guide our clients through the process, assisting with the preparation of an adviser’s initial registration on Form ADV, coordinating registration through the Investment Adviser Registration Depository (“IARD”), drafting form documents and preparing, or assisting in the preparation of, a comprehensive compliance manual.
Our services are comprehensive. In addition to the registration process, our lawyers provide investment adviser clients with a wide variety of services, including:
- Advising on the creation of new products and services
- Drafting and reviewing advisory contracts, customer disclosure statements, and consulting and solicitation agreements
- Developing and implementing compliance programs and regulatory controls
- Reviewing advertising and marketing materials
- Counseling clients on regulatory and business developments
- Representing clients in mergers and acquisitions of investment advisers, including assisting with due diligence
- Responding to regulatory inquiries and assisting clients in preparing for and responding to regulatory examinations
- Representing clients in civil and criminal enforcement matters
- Structuring referral arrangements
- Advising clients on ERISA matters
All of our investment management lawyers are able to provide advisers with tools to enable them to comply with federal and state regulatory and compliance requirements applicable to registered investment advisers.
For additional information about our Investment Management practice and registered investment adviser services, please contact:
SEC Issues New Guidance Regarding Investment Advisers’ Proxy Voting Responsibilities and Proxy Advisory Firms - Investment Management Update
September 05, 2019
SEC Proposes Updates to Rules Governing CEFs - Investment Management Update
July 18, 2019
SEC Adopts Regulation Best Interest and Other Measures for Broker-Dealers and Investment Advisers - Investment Management Update
June 18, 2019
Overview of SEC’s Proposed Rule Changes for Business Development Companies - Investment Management Update
April 17, 2019
SEC Poised to Permit ActiveShares ETF: First Non-Transparent Actively Managed ETF - ETF Reg Insights
April 11, 2019
SEC Grants No-Action Relief for Initial Coin Offering - Investment Management Update
April 09, 2019
SEC Issues No-Action Letter Regarding Fund Board In-Person Voting Requirements - Investment Management Update
March 11, 2019
SEC Proposes New Rule for Fund of Funds Arrangements - Investment Management Update
January 07, 2019
SEC Adopts Safe Harbor Rule for Investment Fund Research Reports - Investment Management Update
December 19, 2018
SEC Issues No-Action Letter Allowing Fund Boards to Rely on CCO Representations to Comply with Certain Exemptive Rules - Investment Management Update
October 22, 2018
SEC’s Proposed ETF Rule Removes Some Conditions Compared to Prior Exemptive Orders, But Adds Others - ETF Update
August 01, 2018
SEC Issues Risk Alert on Best Execution Practices - Investment Management Update
July 24, 2018
SEC Suspends Pending Administrative Proceedings in Wake of Lucia Decision - Investment Management Update
July 02, 2018
SEC Allows Temporary Mutual Fund Redemption Delays When Financial Exploitation of Seniors Is Suspected - Investment Management Update
June 28, 2018
SEC to Consider ETF Rule Proposal at June 28, 2018 Open Meeting - ETF Update
June 22, 2018
SEC Charges 13 Private Fund Advisers for Failures to File Form PF - Investment Management Update
June 14, 2018
SEC Proposals Promote Distribution of Research on Investment Funds - Investment Management Update
June 11, 2018
SEC Proposes Changes to Auditor Independence - Investment Management Update
June 05, 2018
SEC’s NMS Pilot Program of Vital Interest to ETFs - ETF Update
May 10, 2018
SEC Proposes Changes to Liquidity Risk Disclosures - Investment Management Update
March 26, 2018
Dodd-Frank Whistleblower Protections Apply Only to Employees Who Report Alleged Securities Violations to the SEC - Business Litigation Update
February 26, 2018
January 23, 2018
For initial inquiries, please contact:
Michael Wible
Michael.Wible@ThompsonHine.com
614.469.3297
Don.Mendelsohn@ThompsonHine.com
513.352.6546
JoAnn Strasser
JoAnn.Strasser@ThompsonHine.com
513.352.6725
Michael Wible
Michael.Wible@ThompsonHine.com
614.469.3297