Business Law

Investment Advisors

SEC- and state-registered investment advisors face a complex and ever-changing regulatory environment. From building compliance programs to ongoing monitoring and examinations, Hemenway & Barnes' Business Law Group focuses on the details so our investment clients can focus on creating value for their clients.

By designing compliance policies and procedures appropriate to the size and nature of our clients’ businesses, we avoid over-engineering processes to make it easier for our investment advisors to comply with regulations. On an ongoing basis, we help our clients with compliance monitoring and reporting with little interruption to their day-to-day activities. When needed, we also represent clients during examinations and investigations by the SEC and state regulators.

Representative Experience

• An SEC-registered investment advisor with over $2 billion in assets under management needed a general counsel to handle compliance and other corporate matters. H&B created compliance policies and procedures and keeps them up to date when regulations change. We also organize and maintain the advisor's pooled investment vehicles and private fund products, including drafting private placement memorandums, governing documents and securities law compliance policies.
• An SEC-registered investment advisor with institutional clients came to H&B for counsel. Our attorneys now organize and maintain a number of pooled investment funds for socially responsible investment, draft fund documents, and ensure compliance with securities laws.
• Investment advisors routinely seek H&B’s help registering with the SEC and Massachusetts Securities Division, including preparing and filing an initial Form ADV.
• H&B’s lawyers regularly advise SEC-registered investment advisors on day-to-day compliance monitoring issues, including preparing and reviewing investment management agreements and customer disclosure documents, responding to customer and custodian questions, and reviewing advertising and promotional materials.