The Investment Management practice represents an expansion of Montgomery McCracken’s long-standing and well-respected business and corporate practices.
Our professionals are experienced with matters that affect investment management organizations, including investment advisory and broker-dealer firms arising under the Federal securities laws, as well as state securities and fiduciary law. Of equal importance, we are familiar with the workings of investment organizations, the day to day decisions they face and the speed with which these decisions often need to be made. This experience allows us to work efficiently and on a cost effective basis on projects ranging from strategic product development to compliance assessment.
Our practice is backed by a meld of professionals experienced in securities, ERISA, tax and wealth management, and by lawyers resident in Montgomery McCracken’s Delaware office with deep experience in corporate governance matters. Together with our comprehensive regulatory experience, these resources ensure our sensitivity to the issues faced by those — particularly, senior managers, compliance professionals, institutional investors and independent directors – who are subject to significant fiduciary and oversight responsibilities.
Representative services include:
- Formation, registration and on-going representation of registered and alternative investment vehicles
- Independent legal representation for investment company directors
- General regulatory, corporate and compliance matters, including preparation of compliance policies and procedures
- Independent compliance reviews and consulting in connection with internal audits and the settlement of consent decrees and enforcement actions, as well as regulatory risk assessment in legal, operational and governance areas
- Complex governance matters, both from a compliance perspective and in the context of disputed transactions
- Transactions involving investment advisory organizations and mutual funds, including mergers, fund “adoptions” and reorganizations and fund liquidations, including formation of liquidating trusts
- Representations before the SEC involving exemptive and “no-action” relief, compliance examinations and investigations
- Registration and regulation of broker-dealers, including compliance matters arising under the self-regulatory framework administered by FINRA and the Securities and Exchange Commission
- Matters arising under ERISA and applicable tax law
- Preparation of service agreements including investment advisory, distribution, administration and transfer agency agreements, as well as development of distribution structures, including wrap-fees, referral fees, compliance with rules limiting the offer and sale of interests in private investment vehicles and multi-class investment fund structures
- Representations before state regulatory authorities
- Representations relating to regulatory enforcement matters, including SEC and state mandated receiverships
For more information on the Investment Management practice, please contact a practice group member.