Maynard Cooper has a market-leading practice representing investment fund sponsors and other investment managers in all aspects of their businesses.
We have successfully formed a number of real estate funds, hedge funds, funds-of-funds, feeder funds, private equity funds, venture capital funds, collective investment funds, tax lien funds and other similar investment vehicles. Maynard Cooper's practice in the fund formation and investment management sector combines a wide range of capabilities, including corporate transactions (including acquisitions of broker-dealer and investment advisory firms), private equity and venture capital investment, real estate, investment adviser regulation, commodities regulation, tax, and ERISA.
Specific services in this area include the following:
- Evaluating potential fund structures and forming fund entities, including master-feeder structures and offshore fund entities
- Structuring and forming fund management entities
- Preparing offering memoranda and other fund documents
- General advice regarding domestic and offshore entities, including limited partnerships, corporations, limited liability companies, limited companies, and trusts
- Advice on compensation issues for fund sponsors and their personnel
- Advice regarding U.S. securities laws, including the Securities Act, the Securities Exchange Act, the Investment Company Act, and the Investment Advisers Act
- ERISA, tax, CFTC and other compliance matters
- Representing limited partners and other investors in making fund investments, as well as in executing sales of interests in funds on the secondary market
Investment Adviser Compliance
Maynard Cooper’s Investment Adviser Compliance group, a subgroup of the firm’s Fund Formation and Investment Management practice group, assists investment advisers with all aspects of their businesses, including organization, registration and compliance with regulatory requirements.
We have assisted a number of clients in determining whether they are required to register as investment advisers, and with registration with the Securities and Exchange Commission and state securities regulators.
We regularly advise our clients concerning enforcement and examination matters involving the SEC, the Department of Labor and other regulators, and perform mock audits to prepare clients for an examination by the SEC or state securities regulators.
Our specific activities in this area include the following:
- Conducting mock audits of SEC and state registered advisers
- Registration of investment adviser firms
- Advice concerning the implications of the Dodd-Frank Act and related rulemaking
- Drafting and reviewing client agreements
- Implementing compliance policies and procedures, including preparing compliance manuals and codes of ethics
- Advice regarding insider trading issues, pay-to-pay rules, and social media policies
- Regulatory filings under the Investment Advisers Act of 1940, including Form ADV and Form PF
- Advice related to exemptions under the Investment Advisers Act of 1940
- Advice related to exemptions under the Investment Company Act of 1940
- Commodity Futures Trading Commission exemptions and compliance matters
- Form 13(F) filings for institutional investment managers
- Schedule 13(D) and 13(G) beneficial ownership reporting
- Form 13(H) large trader reporting
- Assistance with responding to requests for information from the SEC, the Alabama Securities Commission, and other state securities regulators
- Reviewing advertisements and other marketing materials
- Evaluating various soft dollar arrangements
Maynard Cooper is an associate member of the Investment Adviser Association, which represents the interests of SEC-registered investment advisory firms before Congress, the SEC, CFTC and other regulators. To sign up for our newsletter, please click here.