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Richard F. Kerr

Partner
+1.617.261.3166
Fax +1.617.261.3175
Richard Kerr is a partner in the firm’s Boston office, where he is a member of the investment management, hedge funds and alternative investment practice group. Mr. Kerr focuses his practice on counseling registered investment companies, investment advisers, broker-dealers and other financial institutions in connection with corporate and regulatory matters affecting their operations, particularly relating to SEC and FINRA regulation.

Mr. Kerr’s experience with financial institutions includes providing advice and counsel on a broad array of corporate, regulatory, transactional and operational matters, including: formation and registration of investment companies, investment advisers and broker-dealers; reorganization transactions; mergers and acquisitions; negotiation of agreements with fund service providers; public and private offerings of securities; de novo bank chartering; holding company formations; and new product offerings. Mr. Kerr has extensive experience representing financial institutions before federal and state securities and banking regulators, and self-regulatory organizations (including FINRA and NSCC) in connection with such matters. In addition, Mr. Kerr frequently advises clients with respect to the regulatory aspects of incorporating digital securities and assets, including cryptocurrencies, into their business.

Mr. Kerr advises broker-dealers, investment advisers and fund complexes regarding the full range of regulatory matters concerning the marketing and distribution of registered and private investment funds and the marketing of investment advisory services. His work in this area includes advice regarding: fund distribution, selling, dealer, placement agent, recordkeeping, revenue sharing and solicitation arrangements; compliance with SEC and FINRA marketing and advertising rules; performance advertising and compliance with the Global Investment Performance Standards (“GIPS”).

Mr. Kerr has extensive experience advising financial institutions with respect to: development of their internal compliance and risk management policies and procedures, including the development of procedures required by SEC regulation and FINRA rules.

Mr. Kerr also advises financial institutions on anti-money laundering and sanctions compliance matters, including the development of tailored anti-money laundering and sanctions monitoring compliance solutions (including policies, procedures, and other items) for investment advisers, broker-dealers, and other financial institution clients.

Mr. Kerr also has significant boardroom experience, including representation of the independent directors of registered investment companies and the Boards of Directors of banking clients.

Professional Background

Prior to joining the firm, Mr. Kerr was counsel in the Boston office of an international law firm for over 10 years.

Professional/Civic Activities

  • Boston Bar Association
  • American Bar Association
  • Financial Markets Association
  • National Society of Compliance Professionals

Speaking Engagements

Mr. Kerr’s recent presentations and speaking engagements have included:
  • Boston Investment Management Conference, K&L Gates, Boston, MA, Speaker, November 5, 2019
  • Financial Professional Standards of Conduct Roundtable, K&L Gates, New York, NY, Speaker, October 17, 2019
  • NRS Spring Compliance Conference, Cryptocurrencies & Blockchain from a Compliance Perspective, Orlando, FL, Speaker, April 29, 2019
  • NRS Spring Compliance Conference, Marketing and Social Media for Broker-Dealers, Orlando, FL, Speaker, April 29, 2019
  • Mutual Fund Distribution Roundtable, K&L Gates, Boston, MA, Speaker April 9, 2019
  • Boston Investment Management Conference, K&L Gates, Boston, MA, Speaker, November 28, 2018
  • Mutual Fund Distribution Roundtable, K&L Gates, Boston, MA, Speaker May 17, 2018
  • NRS Spring Compliance Conference, Cryptocurrencies & Blockchain from a Compliance Perspective, Orlando, FL, Speaker, April 29, 2019
  • NRS Spring Compliance Conference, Marketing and Social Media for Broker-Dealers, Orlando, FL, Speaker, April 29, 2019
  • Mutual Fund Distribution Roundtable, Presenter, K&L Gates, Boston, MA, April 9, 2019
  • Mutual Fund Distribution Roundtable, Presenter, K&L Gates, Boston, May 17, 2018
  • NRS Spring Compliance Conference, Cryptocurrencies: How will cryptocurrencies impact your firm? Are you ready?, Savannah, GA, Speaker, April 25, 2018
  • NRS Spring Compliance Conference, Marketing and Social Media for Broker-Dealers, Orlando, FL, Speaker, April 29, 2019
  • NRS Fall Compliance Conference, Frontiers in Advertising and Social Media, Las Vegas, NV, Speaker, October 25, 2017
  • NRS Fall Compliance Conference, Advanced SEC Examination Workshop, Las Vegas, NV, Speaker, October 26, 2017
  • IACCP, Trading Practices, Portfolio Compliance and Related Enforcement Cases, Speaker, September 19, 2017
  • Regulatory Compliance Watch, Commitment to Compliance Conference, Presenter, Boston, MA, September 18, 2017
  • NRS Investment Adviser Compliance Symposium, Presenter, Boston, MA, August 15, 2017
  • Mutual Fund Distributor Roundtable, Presenter, K&L Gates, Boston, MA, May 9, 2017
  • Compliance Workshop for Broker-Dealers and Investment Advisers, Panelist, K&L Gates, Boston, MA, June 21, 2016.
  • The DCIO Best Practices Summit, THE SEC MONEY MARKET REFORMS – TO WHAT EXTENT WILL THEY IMPACT THE DC MARKET?, January 29, 2016.
  • IA Watch Webinar, Advertising & Marketing: Best Practices to Tackle this Perennial Challenge And Avoid Compliance Missteps, January, 26, 2016.
  • K&L Gates 2015 Investment Management Conference, “Broker-Dealer Regulatory Update,” Boston, MA, October 8, 2015.
  • K&L Gates 2015 Investment Management Conference, “Proposed SEC Liquidity Management Rules,” Boston, MA, October 8, 2015.
  • How to Facilitate Communications with the Public, National Society of Compliance Professionals, 2015 South Regional Conference, Panelist.
  • KYC and Suitability, Financial Markets Association, 2013 Securities Compliance Seminar, Moderator.
  • Risk 2013 & Beyond – What You Must Know, Financial Markets Association, 2013 Securities Compliance Seminar, Moderator.

Additional Information

Publications
  • “How to Minimize Errors in Investment Management Marketing Material,” Investment Adviser Association Newsletter, (January 2016)
  • “Director of SEC’s Division of Investment Management Discusses Alternative Mutual Funds” Journal of Investment Compliance, Vol.15, Issue 4 (2014)
  • “FINRA Fines Broker-Dealer for Failing to Apply Class A Sales Charge Waivers to Certain Eligible Customers on Mutual Fund Platform” Journal of Investment Compliance, Vol. 15, Issue 4 (2014)
  • “Federal Bank Regulatory Agencies Issue Long Awaited Anti-Money Laundering Examination Manual” Banking Law Journal, Vol. 122, No. 9 (October 2005)