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:

For initial inquiries, please contact:

Michael Wible

Richard Heller
Donald Mendelsohn

JoAnn Strasser

Michael Wible
Webinar Recordings

IM Coffee Chat - Raising the Ante - The Impact of Valuation Rule 21-5 on Fund Advisers - 3.16.2022

IM Coffee Chat - Responding to a Cybersecurity Incident: Reporting and Disclosure Obligations - 3.2.2022

IM Coffee Chat - Crypto/NFT Hot Topics - 2.2.2022

IM Coffee Chat - ERISA Update for Investment Advisers and Fund Managers - 1.19.2022

IM Coffee Chat - Launching an ETF - 12.01.2021

IM Coffee Chat - Diversity in the Boardroom - 11.3.2021

IM Coffee Chat - Recent Trends in Shareholder Litigation - 10.27.2021

IM Coffee Chat - Crypto Update: What Was Included in the Infrastructure Bill? - 10.13.2021

IM Coffee Chat - Enforcement Considerations for Trustees, Municipal Advisors and Issuers - 10.6.2021

IM Coffee Chat - A Guide to Mutual Fund Insurance - 7.27.2021

IM Coffee Chat - Resolving Exam or Enforcement Issues - 7.14.2021

IM Coffee Chat - Non-compete Agreements: What You Need to Know - 6.30.2021

IM Coffee Chat - Handling Regulatory Inquiry – Step One: Practice Makes Perfect with Mock Exams - 6.23.2021

IM Coffee Chat - So, You’re Not a Statistician: Value at Risk for Trustees - 6.16.2021

IM Coffee Chat - NYAG Blue Sky Law Modernization in Practice - 6.9.2021

IM Coffee Chat - Protecting Your Intellectual Property: Beware the Trolls - 5.26.2021

IM Coffee Chat - Considerations for Fund Governance - 5.19.2021

IM Coffee Chat - Session Fifteen - Private Equity in the Registered Fund Structure - 5.5.2021

IM Coffee Chat - Session Fourteen - The Current State of Private Equity - 4.29.2021

IM Coffee Chat - Session Thirteen - ERISA's Five-Part Investment Advice Test - 4.21.2021

IM Coffee Chat - Session Twelve - Cannabis and Division of Investment Management - 4.14.2021

IM Coffee Chat - Session Eleven - Converting a Mutual Fund to an ETF - 4.7.2021

IM Coffee Chat - Session Ten - ESG Investing from Different Angles - 3.31.2021

IM Coffee Chat - Session Nine: R.I.P. ESG? Implications of Recent ERISA Guidance on ESG Investing - 2.24.2021

IM Coffee Chat - Session Eight: New Adviser Advertisement Rule – Performance Advertising - March 17, 2021

IM Coffee Chat - Session Seven - SEC's New Marketing Rule: Testimonials, Endorsements and Solicitation Activity - March 10, 2021

IM Coffee Chat - Session Six - SEC’s New Marketing Rule: Redefining “Advertisement” - March 03, 2021

IM Coffee Chat - Session Five - 2021 Form ADV Updates - February 26, 2021

IM Coffee Chat - Session Four - Building a Diverse Board - February 24, 2021

IM Coffee Chat - Session Three - Diversity in the Boardroom - February 17, 2021

IM Coffee Chat - Session Two - Bitcoin ETPs - February 10, 2021

IM Coffee Chat - Session One - Cryptocurrency Products: State of Play - February 3, 2021

Webinar Series for Private Funds – It's a New Day: Fees & Expenses and Codes of Ethics - August 26, 2020

Webinar Series for Private Funds – It's a New Day: Conflicts, Part II - August 12, 2020

Webinar Series for Private Funds – It's a New Day: Conflicts, Part I - July 29, 2020

Webinar: Seizing Opportunities in the ETF Marketplace - December 01, 2016