Matthew R. Silver

Counsel

Overview

Matthew Silver helps investment management companies expand their offerings through the formation of private funds (both series and stand-alone funds) and then seeks to ensure that they receive the full complement of counsel post-launch. He navigates and advises on the network of securities regulations that impact broker-dealers, investment advisers, exempt reporting advisers, venture capital advisers and other private fund managers. He provides interpretive advice regarding the Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), and stock exchange existing and proposed rules. Matthew also represents clients involved in regulatory inspections or inquiries.

Broker-Dealer Compliance

Matthew assists with the launch and/or acquisition of broker-dealers as well as their various day-to-day business and compliance needs. Among other things, he works with clients to design and implement compliance policies and procedures; reviews, edits and helps negotiate broker-dealer contracts; reviews and edits broker-dealer advertising and offering material. Matthew assists firms in responding to potential compliance and regulatory matters and provides assistance with compliance and annual anti-money-laundering (AML) testing matters.

Fund Formation and Compliance

Matthew assists with the formation of domestic and international private funds, including all offerings and related materials for launch. He reviews and updates compliance and business-related materials and counsels private funds and related enterprises already in operation. He counsels clients on drafting and negotiating contracts and advises on Commodity Futures Trading Commission (CFTC)/National Futures Association (NFA) futures/swaps issues, and negotiates International Swaps and Derivatives (ISDA) swap documentation.

Investment Adviser Formation and Compliance

Matthew assists with the launch and/or acquisition of SEC, state-registered, exempt reporting advisers, venture capital advisers and other private fund managers and the various aspects of their regulatory and business needs. This includes, but is in no way limited to, helping advisers formulate or revise their regulatory frameworks and associated documentation, assisting in the drafting and negotiation of client and service provider agreements, and assisting advisers in dealing with new regulations and/or business changes.

Interacting With Regulators

Matthew is a strong advocate for investment management clients that are involved in regulatory inspections or inquiries, either routine or “for cause,” or that anticipate the possibility of an inspection or inquiry, and he helps them respond to regulators following such inspections or inquiries. He deals directly with regulators, including those from:

  • SEC
  • FINRA
  • NFA
  • CFTC

He guides clients through the FINRA “materiality consultation” reviews as well as formal Continuing Membership Application (NASD Rule 1017) processes, advising on membership expansions, changes of control and other matters.

Matthew also assists with the formation of de-novo FINRA member brokers (NMA) and helps investment advisers and exempt reporting advisers with formation and registration with the SEC and other state regulatory bodies. He counsels advisers and related existing operations on compliance and business-related matters.

Mergers and Acquisitions

Matthew assists with negotiation, due diligence and documentation in M&A and finance-related transactions involving investment advisers and brokers.

Industry Insight

Matthew contributes to the firm’s Enforcement Highlights blog, which provides reports, discussions and analyses on noteworthy trends in enforcement and regulatory activity of the SEC and other agencies, including the CFTC. He also contributes to the firm’s Broker-Dealer Law blog, which provides practical insights on litigation, regulatory, compliance and fiduciary issues impacting broker-dealers.

Credentials

Bar Admissions

New York
Pennsylvania

Court Admissions

U.S. District Court for the Eastern District of Pennsylvania
Department of Veterans Affairs

Education

New York University School of Law
J.D. (2000)

New York University College of Arts & Science
B.A. cum laude (1997)

Insights & Events

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