Molly Moynihan concentrates her practice on counseling registered and unregistered investment companies and mutual fund boards of directors. Ms. Moynihan is also noted for the representation of foreign private issuers and depositary banks in structuring their depositary receipt programs.
Prior to joining the firm, Ms. Moynihan was general counsel for AFL-CIO Housing Investment Trust, a $3.7 billion registered investment company. Her office handled the company's regulatory filings, compliance with federal securities laws, including the Investment Company Act, the Securities Exchange Act and the Investment Advisers Act, liaison with the Board of Trustees and general corporate matters. In addition, she was responsible for structuring issues relating to mortgage-backed securities and real estate transactions and advice relating to major pension plan investors.
Previously, Ms. Moynihan was an attorney in the London, New York and Washington, D.C. offices of a large international law firm, where she represented funds, advisers and boards of directors for major fund complexes in all areas of investment management, including formation and ongoing representation of open-end and closed-end registered funds. Ms. Moynihan has also worked on the formation of private funds and served as primary counsel to a series of investment vehicles for highly compensated employees at a major international investment bank. She has extensive experience in the development of offshore investment vehicles and in U.S. and international debt and equity offerings.
Ms. Moynihan serves as fund counsel to a fund family within a major bank-controlled fund complex. She has in-depth experience with compliance and risk management issues associated with portfolio management and valuation and has developed and provided counsel on adviser and fund compliance and risk management programs. She has also provided counsel in connection with mergers and acquisitions of affiliated and unaffiliated investment companies, purchase and sale of investment advisers, affiliated transactions and distribution issues.
Ms. Moynihan has represented major U.S. banks in connection with their depositary receipt programs and corporate trust matters.
Publications
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"Key Issues for Mutual Fund Boards in the Midst of the Financial Crisis," The Investment Lawyer, March 2009.
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"SEC/CFTC Report on Harmonization of Regulation and How it May Affect Investment Advisers, Money Managers Compliance Guide, December 2009.