Fund Operations and Transactions
Nancy guides investment management clients through day-to-day matters and transactions, such as open- and closed-end mergers and acquisitions. She represents funds and their boards in internal and external fund reorganizations and fund adoptions, and she drafts, reviews and negotiates agreements, including essential fund and adviser contracts, revenue-sharing contracts and nondisclosure agreements. Nancy also helps investment companies launch new alternative strategy funds, interval funds and socially responsible investment funds. She represents closed-end funds in rights offerings, including managing the registration process through the Securities and Exchange Commission (SEC) and the New York Stock Exchange (NYSE) listing application process, in addition to providing counsel to the funds’ boards on regulatory and compliance matters relating to rights offerings.
She advises independent trustees and negotiates matters related to board resignations and succession planning.
Securities and Stock Exchange Compliance
For clients managing securities and stock exchange filings, Nancy drafts, reviews and advises on registration statements on Forms N-1A, N-2 and N-14, proxy statements and solicitation materials, information statements, exchange listing applications, exemptive applications and shareholder reports, as well as state law filings, compliance policies, and procedures and contracts.
Nancy helps fund boards and related parties comply with requirements related to fund governance and fiduciary duties. She also advises investment advisers and broker-dealers on formation, regulatory and compliance matters such as ADV and B-D registration, SEC and Financial Industry Regulatory Authority (FINRA) inspections, and compliance policies and procedures.
Enforcement and Investigations
Nancy has successfully resolved SEC and FINRA examinations and investigations on clients’ behalf. She has obtained exemptive orders from the SEC relating to an actively managed exchange-traded fund (ETF), mixed and shared funding, manager of managers structure and managed distribution policy.