Securities Law Considerations for Investment Fund Formation: Part 1

Investment fund formation is the comprehensive process of establishing a collective investment vehicle that pools capital from multiple investors to engage in various securities or other financial asset investments. The primary goal is to provide investors with a professionally managed portfolio often designed to provide diversification, but equally as often to deploy funds into a specific asset class, or according to a particular investing philosophy, strategy, or methodology.… Read More

Working with Outside Managers: Third-Party Asset Managers or Sub-Advisers – What is the Difference?

Investment advisers understand that selecting a portfolio which meets a client’s goals and objectives is a fiduciary duty. Sometimes, this involves working with outside managers such as sub-advisers or a third-party asset manager (“TPAM”) who have specialized investment management knowledge to further diversify a client’s portfolio investments. … Read More

SEC Rules on Deck for 2024

The Securities and Exchange Commission (SEC) ended 2023 with a bang, with over 780 enforcement actions and nearly $5 billion in financial remedies. With 25 new SEC rules scheduled to pass this spring and fall, those in the investment advisory space are well-advised to approach 2024 with a renewed commitment to optimizing their compliance program.… Read More

What You Should Know About the New Regulations for Classifying Independent Contractors

Investment advisers, firms, and other practitioners in the finance and securities space will have to incorporate several new rules to ensure they continue to meet regulatory requirements. These include industry-specific rules and amendments, as well as changes to federal and state laws. One such change is the classification of independent contractors, which will go into effect on March 11, 2024.… Read More

Compliance Considerations for Adding ESG Assets to Your Client Portfolios

Investment Advisers who fail to adopt or acknowledge the societal mind-shift towards sustainability may lose out on potential investors.
Whereas such shifting trends may have been ignored several years ago, overlooking the importance of incorporating investments that adhere to responsible Environmental, Social, and Governance (ESG) practices may border on an investment adviser’s failure to act in the best interest of their investors.
However, it is advisable to take the necessary steps to mitigate risk when adding ESG investment assets to clients’ portfolios.… Read More

Risk Mitigation in Incorporating Emerging Tech Trends into Client Portfolios

Just as with many other sectors of the economy, the securities industry has experienced a fast-coming barrage of changes to the business of investing, most of all in emerging technologies.
Investment Advisers may have ignored the changes in technology several years ago, but those who provide investment advisory services can no longer avoid the fact that clients’ portfolio needs have evolved, and they may fail to act in the best interest of their investors should they overlook it. However, there are some important factors to consider when incorporating new types of assets into clients’ portfolios and steps to take to mitigate risks.… Read More

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