Our global advisory team provides regulatory, global distribution, and investment management advice to startup and established fund sponsors across the entire private fund lifecycle, including fund formation, regulatory compliance, government enforcement, global distribution, trading, and the ongoing operations of funds and their sponsors. We work side by side with our fund formation and deal teams to address specific regulatory issues, including:
Regulatory Compliance
We help fund sponsors understand and satisfy filing, registration, and compliance obligations in U.S. and non-U.S. jurisdictions. In addition to standard regulatory compliance matters for U.S. investment advisers and broker-dealers, we consult on deals that involve the acquisition of globally regulated financial services companies, and how best to structure transactions in light of applicable regulations. We are often called on to help clients navigate the conflicts of interest faced by diversified, global financial services organizations and introduced by multi-party deal structures.
Global Distribution
Our knowledge of U.S. and foreign rules regarding marketing and advertising by fund sponsors and placement agents is unparalleled. Fund sponsors regularly seek our assistance when assessing whether and how to market the performance of funds and their managers, including performance of investment professionals at prior firms. We also have significant experience providing comprehensive advice on overlapping marketing rules (private offerings, RIA advertising, BD sales, and non-U.S. regulations), an area of frequent frustration for fund managers.
Management and Operations
Drawing on decades of experience representing diverse investment managers, we provide practical, actionable advice to fund sponsors on management issues that arise outside the fundraising and deal making process. We have a deep understanding of trading and execution, derivatives, performance reporting, portfolio manager liftouts, and nearly every issue that can arise in the entire lifecycle of a private fund manager.
The Commonwealth Government and NSW Government will both be offering financial support to NSW businesses impacted by the recent COVID-19 restrictions and stay-at-home orders. We have tabled the key components of the 2021 COVID-19 package in this article.
A first of its kind, The H2 Handbook provides a comprehensive summary of the regulatory, commercial, and policy issues that hydrogen may face on its path to becoming a global commodity and a significant part of the energy mix. The handbook covers hydrogen-related issues in a number of jurisdictions across the globe, including Australia, the European Union, France, Germany, Japan, Singapore, the United Kingdom, and the United States. Check back regularly as new region handbooks are published.
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment adviser advertising and solicitation practices.
Following Stage 1 of the review of the Model Defamation Provisions, the Model Defamation Amendment Provisions recently commenced in Victoria, New South Wales, South Australia, Queensland and the Australian Capital Territory. They apply to publications made on and from 1 July 2021.
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