Skip to main content

  • PRACTICE AREAS

REGULATORY & COMPLIANCE

We assist our clients with a broad range of regulatory and compliance matters ranging from routine securities filings to full adviser registrations. We routinely advise SEC and state-registered investment advisers and exempt reporting advisers, as well as registered and exempt commodity pool operators and commodity trading advisors regarding their operations. Our experience working directly with the SEC, CFTC, NFA, FINRA and state securities divisions allows us to efficiently address our clients’ compliance requirements with a focus on timely results.

REGULATORY & COMPLIANCE SERVICES

Our regulatory and compliance services include:

  • Registration requirements: Advising investment advisers regarding their registration requirements and available exemptions from registration, including state and federal exemptions for private fund advisers, venture capital fund advisers and foreign private advisers.
  • Investment advisers: Registering advisers as investment advisers at the state and federal levels, including preparing and filing Form ADV Parts 1 and 2 on behalf of registered investment advisers (RIAs) and liaising with the SEC and state securities commissions.
  • ERAs: Notice filing advisers as exempt reporting advisers (ERAs) with the SEC and state securities commissions.
  • Compliance programs: Establishing a compliance program for advisers, including preparing compliance manuals, privacy notices, etc.
  • RIAs and ERAs: Advising RIAs and ERAs regarding custody requirements, performance-based compensation rules, advertising and performance reporting, etc.
  • Compliance obligations: Assisting RIAs and ERAs with ongoing compliance obligations, including preparing and filing Form ADV annual amendments, updating firm brochures and privacy notices, amending investment advisory and other client agreements, etc.
  • CPOs and CTAs: Advising commodity pool operators (CPOs) and commodity trading advisors (CTAs) regarding registration requirements and available exemptions from registration, as well as registering CPOs and CTAs with the Commodity Futures and Trading Commission (CFTC) and National Futures Association (NFA), including preparing and filing Forms 7-R and 8-R.
  • Disclosure documents: Preparing customized disclosure documents for CPOs and CTAs—including required performance returns, break-even analysis, etc.—and interfacing with NFA compliance personnel to obtain disclosure document approval.
  • Securities filing: Handling ongoing securities offering compliance and regulatory matters, including preparing and filing Form D annual amendments, “blue sky” renewal filings and additional SEC filings.

  • TESTIMONIAL

Kevin and his team do an amazing job of taking care of our regulatory needs in a highly efficient way that is customized to our firm.

– Jeff Sokol, Acacia Partners

INDUSTRY INSIGHTS

REGULATORY & COMPLIANCE

Regulatory Alert: SEC Adopts New Rules for Private Fund Advisers

On August 23, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted new rules under the Investment Advisers Act of 1940 (“Advisers Act”) applicable to both SEC-registered and unregistered private fund adv…
READ MORE
REGULATORY & COMPLIANCE

Ripple and Terraform: A Securities Law Framework for Crypto Begins to Take Shape

There has been a flurry of crypto enforcement news recently, including the Securities and Exchange Commission (“SEC”) suing two major crypto exchanges, Coinbase, Inc. and Binance Holdings Ltd. (“Binance”). The Coinba…
READ MORE
REGULATORY & COMPLIANCE

Client Alert—Coinbase and Binance Lawsuits

On June 6, 2023, the U.S. Securities and Exchange Commission (“SEC”) brought a five-count civil complaint in New York federal court against Coinbase Inc. (“Coinbase”). The complaint alleges that Coinbase operates as a…
READ MORE