Simon Riveles
Office: 212-785-0096
simon@randwlawfirm.com

WHITE PAPERS

Investment Advisor and CPO Formation, Registration and Compliance


Registered Investment Advisors

Riveles Wahab advises clients on the many legal and compliance issues facing registered investment advisers and their affiliates. We offer comprehensive legal services to investment advisors, with expertise in regulations under the Investment Advisers Act of 1940, state investment advisory laws and FINRA rules and regulations.

RW counsels investment advisors on the following regulatory and compliance matters:

  • Determine investment adviser registration requirements and identifying applicable exemptions under federal and state laws;
  • Register with state securities authorities and/or the SEC, and coordinating with regulatory authorities during the application process;
  • Assist with regulatory examinations, deficiency letters, and administrative actions applicable to registered investment advisors and investment advisor representatives;
  • Provide advice and assistance in the development of compliance programs, written compliance procedures, codes of ethics, and continuing education programs;
  • Prepare and review investment management agreements and customer disclosure documents;
  • Review and provide counsel on advertisements, marketing materials, and performance reports and presentations.

Commodity Pool Operators and Commodity Trading Advisers

Riveles Wahab regularly assists commodity pool operators and trading advisers in all aspects of their operations. When no exemptions are available, we register CPO and CTAs with the NFA, prepare comprehensive NFA disclosure documents and break-even analysis, and liaise with NFA personnel throughout the registration and approval process. Our attorneys also routinely assist in developing robust compliance programs that satisfy ongoing recordkeeping, training, business continuity, and disaster recovery requirements.

Our services include:

  • Structure and establish CPOs and pools, including the preparation of CPO operating and investment management agreements and pool offering memorandum, limited partnership agreements, and subscription documents;
  • Counsel as to available exemptions under Section 4 of the CFTC Regulations;
  • Obtain NFA online registration system access after proceeding through the account establishment process;
  • Prepare and file CPO registration applications under Form 7-R and CPO principal and associated person applications under Form 8-R;
  • Prepare comprehensive disclosure documents outlining CPO investment programs, fees and expenses, principal risk factors, break even analysis, redemption provisions, performance disclosures, and other required information;
  • Liaison with NFA compliance personnel in connection with CPO registration;
  • Ongoing counsel as to quarterly and annual compliance, reporting, and disclosure requirements.