Investment Advisory Compliance & Regulatory Counseling
We advise securities industry clients on regulatory, business and compliance issues, offering proactive guidance and strategic, thoughtful responses to governmental scrutiny in equal measure. Acutely aware of how shifting political winds, fluctuating market conditions, and changes to policies and priorities can swiftly alter the regulatory landscape, our lawyers stay abreast of proposed and newly adopted laws, rules and interpretations to ensure clients are cognizant of and have counsel on how to prepare for future requirements.
McGuireWoods advises on state and federal investment adviser registration for managers and their personnel, as well as on the application of related exemptions. We help clients establish, strengthen and tailor their compliance and supervisory programs to each adviser’s business objectives. Our full-spectrum counseling includes issues relating to Code of Ethics, fiduciary duty, supervisory controls, registration, Regulation S-P, soft dollars, information barriers, conflicts of interest, insider trading, marketing, anti-money laundering, the use of artificial intelligence and cybersecurity. We advise on fee structures and the unique challenges that face advisers registered as or affiliated with broker-dealers. The team also works closely with clients on the structure and sale of new securities products to comply with regulatory requirements.
Our attorneys counsel clients on the varying compliance obligations that apply to their different clients, including U.S. registered funds, private funds, institutional and retail clients. McGuireWoods has deep experience assisting with drafting fund offering documents, including subscription agreements and private placement memoranda. We review marketing materials and advise on regulatory considerations in connection with fundraising.
With a meticulous, methodical approach, our team collaborates with internal client constituencies to conduct annual reviews and lead internal investigations and audits, which help clients strengthen compliance and supervisory programs or prepare for regulatory examinations. We guide clients through routine and special state and federal regulatory investigations and examinations, as well as represent them in enforcement, and a range of arbitration and litigation matters.
We also advise and support McGuireWoods’ corporate teams regarding securities regulatory matters in connection with debt, private equity, and mergers and acquisitions transactions.
McGuireWoods’ experienced investment advisory compliance and regulatory counseling team guides clients through the complex and continually evolving regulatory thicket that governs the securities industry. Our securities lawyers leverage 360-degree perspectives and deep insights acquired during their time spent as regulators, senior in-house counsel and private practice to craft compliance approaches designed to preempt, address and neutralize regulatory concerns and requirements with a pragmatic approach that aligns compliance best practices with a nuanced understanding of the industry landscape.
