Our financial services practice represents clients in various sectors of the financial services industry - broker-dealers, investment advisers, investment companies and hedge funds. We recognize that these clients operate in an intensely competitive environment and within a regulatory structure of increasing complexity. Our knowledge of the securities laws and experience in the financial services industry enables us to reliably and timely resolve the regulatory issues that our financial services clients face. Working closely together with attorneys in Boylan Brown’s corporate, tax and ERISA practice groups, we strive to help our clients achieve their business goals in a cost-efficient manner.

Investment Companies

With more than 20 years of experience with the Investment Company Act of 1940, we are able to provide a wide range of legal advice to our clients through all phases of the organization and operation of registered investment companies. We work closely with our clients to further their investment objectives while maintaining compliance with the increasingly complex regulations to which registered investment companies are subject.

Initially, we provide advice regarding optimal structures, including the domicile and form of the fund entity, whether the fund will be open or closed, and whether to employ multiple class or master feeder fund structures. We also organize investment advisors and provide guidance regarding the relationships between funds and investment advisors. When these initial structural issues have been resolved, we draft registration statements and work to resolve any SEC comments in a timely, effective manner. We also review and negotiate contracts with service providers and provide guidance relating to development of compliance infrastructures.

Once an investment company is operating, we advise our clients regarding ongoing compliance with the Investment Company Act and the rules and regulations thereunder, including in connection with regulatory examinations. We provide guidance concerning board governance issues and regarding the organization and conduct of meetings of shareholders. We also draft registration statements, proxy statements and other filings with the SEC and resolve SEC comments. We assist our clients in the development of a compliance infrastructure, including drafting codes of conduct and compliance manuals, and review advertising and sales literature, including website content. Working together with the lawyers in Boylan Brown’s Business & Corporate Group, we also advise our clients in connection with mergers acquisitions of registered investment companies. We also counsel clients on inside information and short sale questions raised under the Securities Exchange Act of 1934 and provide ongoing advice regarding a variety of issues that may arise including those related to reporting requirements under the Securities Exchange Act of 1934, ERISA compliance, trading markets, conflicts of interest and employment.