Investment Advisers and Other Asset Managers

Rimon’s Financial Services practice represents investment advisers and other asset managers ranging from boutique firms to global financial services companies.

We counsel investment advisers and other asset managers on a range of matters, including:

Registration as an investment adviser with the U.S. Securities and Exchange Commission and as a commodity pool operator (CPO) and commodity trading adviser (CTA) with the U.S. Commodity Futures Trading Commission (CFTC) as well as advice on available exclusions from such registrations.
Negotiation of key service provider arrangements, including investment management agreements for ERISA and non-ERISA clients, sub-advisory agreements, custody agreements, administration agreements and brokerage and trading agreements.
Regulatory compliance issues, including preparation and review of compliance policies and procedures to address new regulations and assistance with internal and regulatory audits and examinations.
Third-party solicitation arrangements.
Records and information management.

We also counsel financial industry participants on general corporate matters, combining our knowledge of the unique regulatory issues affecting financial services industry clients with the expertise of attorneys in Rimon’s other practice areas, including:

Litigation and arbitration relating to alleged securities fraud and regulatory violations and employment matters.
Design and implementation of management company structures, including arrangements among principals, employee incentive compensation programs and retention matters and related tax matters.
Acquisitions and sales of investment advisory firms.
Employment disputes between financial services firms and their employees.
Orphan pension plans and escheatment issues.

Representative Transactions

Our attorneys have worked on the following transactions:

Representation of both investment advisers and third party solicitors in the negotiation of solicitation arrangements for referrals of investment advisory clients and potential fund investors.
Representation of investment advisers and other financial services companies in connection with mergers and acquisition transactions, including in respect of third party equity investments, spin-offs of hedge fund businesses to portfolio managers and acquisitions and dispositions of asset management businesses by major asset management firms.
Advise on the structure and operation of valuation policies for investment advisers, including “fair value” determinations of illiquid securities and related reporting to mutual fund boards of directors.
Ongoing advice on implementation of regulatory reform initiatives, including the Volcker Rule provisions of Dodd Frank and the SEC’s pay to play rule.
Development of domestic and global records and information management programs.