The attorneys at Lehman & Eilen provide a wide range of services to our investment adviser clients, from the formation of new investment advisory businesses to the provision of day-to-day operational, regulatory and compliance advice and assistance. We represent SEC and state-registered investment advisers, dually-registered broker-dealer/investment advisers, and hedge fund managers. Our extensive experience in this area enables us to satisfy our clients’ needs in the most efficient and economical manner possible. Whether you are interested in starting a new investment advisory business or are in need of representation for your existing venture, our attorneys can assist. The firm’s investment advisory services include the following:
- Form investment advisory firms, whether corporations, limited liability companies or partnerships
- Prepare Form ADV and accompanying Brochure, and file with the SEC or state regulatory authorities
- Register investment adviser agents with appropriate state regulatory authorities
- Prepare Written Supervisory Procedures (WSPs), Codes of Ethics, Business Continuity Plans, Anti-Money Laundering (AML) Procedures, Privacy Notices, Investment Management Agreements, Third Party Solicitor Agreements and Disclosure Documents, as well as other operational documents as needed, all customized for the adviser’s particular business activities
- Prepare and file annual updating amendments to the Form ADV and Brochure and other required documents
- Amend procedures and other operating materials as necessary to comply with regulatory changes
- Draft investment management agreements
- Advise clients regarding separate account arrangements
- Advise on advertising rules
- Guide clients on best execution and other trading matters
- Advise on soft dollar and directed brokerage arrangements
- Prepare clients for, and advise clients during, regulatory examinations
- Represent firms and individuals in regulatory inquiries and requests for information
- Defend clients in regulatory enforcement proceedings
- Represent firms and industry participants in litigation and in customer and industry arbitrations
For investment managers that advise one or more hedge funds or other private funds, we regularly represent managers in connection with the organization and offering of private funds. Among other services, we provide perform the following: - Advise as to the structure of the fund
- Draft organizational documents and agreements, including Limited Partnership and Limited Liability Company Agreements
- Handle jurisdictional formation and organization requirements
- Register fund managers with the SEC and the U.S. Commodity Futures Trading Commission (CFTC)
- Prepare private placement memoranda, subscription agreements and other offering-related materials
- Draft and negotiate of Placement Agent Agreements
- File Form D with the SEC and annual amendments for continuous offerings
- Complete state “blue sky” filings
- Provide initial and continuing advice and representation on regulatory compliance matters relating to the SEC, FINRA, CFTC, National Futures Authority (NFA) and state regulatory agencies
- Complete and file Form PF with the SEC
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