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: