Investment Advisers
BuckleySandler lawyers advise clients on the full spectrum of regulatory and legal issues affecting investment advisers and their affiliates and frequently counsel companies on compliance matters relating to the Investment Advisers Act and its rules. Our integrated approach also includes: providing advice regarding the Securities Exchange Act of 1934 and applicable state laws and regulations affecting advisers who are also registered as, or are affiliated with, broker-dealers; the provisions of Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code applicable to firms providing investment advice to retirement accounts; and banking rules and regulations as they pertain to advisers affiliated with or doing business with banks.
Our practice includes:
- Determining whether certain activities, including receiving compensation for referrals, require registration under the Investment Advisers Act or state law
- Forming and registering investment advisers
- Drafting and reviewing policies and procedures including codes of ethics, trading procedures, privacy policies and anti-money laundering procedures
- Structuring products including wrap-fee programs, asset allocation products, financial planning services, and web-based programs to ensure compliance with applicable laws, manage risk, and enhance marketability in the current business environment
- Drafting and reviewing client agreements and disclosure documents
- Drafting, reviewing, and negotiating agreements with third parties including funds, other investment advisers, banks and vendors
- Managing and retaining records, including assessing current practices, drafting policies and procedures, and addressing issues pertaining to electronic records
- Reviewing and filing advertisements and other marketing materials
- Evaluating and disclosing soft dollar arrangements
- Drafting solicitation agreements and related client disclosures
- Preparing for and responding to regulatory examinations, inquiries and enforcement proceedings