As part of our investment adviser practice, we represent domestic and foreign investment advisers, asset managers, banks, private and public fund managers, and other financial institutions as to compliance with U.S. federal and state regulation for investment advisers, including the SEC registration of investment advisers under the Investment Advisers Act and the registration as commodity pool operators or commodity trading advisers with the CFTC. We also counsel our adviser clients on structuring arrangements with custodians, broker-dealers, sub-advisers, finders, and other service providers in compliance with applicable laws.
Because of our international focus, we are very familiar with the cross-border regulatory and tax issues faced by our investment adviser clients, including the availability of the foreign private adviser exemption from SEC registration and compliance with FATCA, and coordination with foreign regulation, including AIFMD.
The scope of our investment adviser practice includes the following:
- Preparation and filing of Form ADV, and state notice filings for registered investment advisers,
- CFTC registration of commodity pool operators and commodity trading advisers,
- Advice on eligibility for exemptions from SEC and/or CFTC registration, including the foreign private client adviser, private fund adviser, and venture capital fund adviser exemptions from SEC registration,
- Preparation of compliance documentation for on-going compliance with the Investment Advisers Act and Commodity Futures Act, and applicable SEC and CFTC rules and regulations,
- Conducting mock audits, and support in preparation of SEC or CFTC audits,
- Advising on compliance with broker-dealer regulation,
- Advising on compliance with federal and state securities laws, Investment Company Act and other laws in connection with securities offers,
- Advising on ERISA compliance,
- Preparation and negotiation of agreements with custodians, broker-dealers, sub-advisers, asset managers, finders, and other service providers, and
- Advising on FATCA compliance and compliance with other applicable tax laws.