SEC and NFA Registration

SKRC helps investment advisers, commodity pool operators and commodity trading advisers determine their SEC/NFA registration requirements and availability of exemptions. Thereafter, SKRC assists with the registration process, including preparation of the application form (e.g., Form ADV) and a regulatory compliance manual.

Investment Adviser
Compliance Services

SKRC provides full scale investment adviser compliance consulting services, from SEC registration and compliance manual to ongoing compliance program implementation, including monthly compliance reviews, compliance testing, annual compliance review, compliance training, Form ADV amendments, compliance manual updates, day to day advice and SEC exam support. Our investment adviser compliance consulting services are available on fixed-fee arrangements.

SEC Exam Services

SKRC represents investment advisers in SEC examinations, providing advice throughout the examination process, including the introductory phone call with SEC examiners, initial and supplemental document requests, opening firm presentation, the on-site exam, interview preparation and deficiency letter response.

Insider Trading and MNPI Training

SKRC provides training on insider trading and material nonpublic information (“MNPI”). Topics covered include current case law and legal developments on insider trading, best practices in MNPI monitoring, policies and procedures with respect to expert network and other consultants, meetings with company management, sell-side and buy-side communications, electronic communications review, trade surveillance and dos and don’ts when using e-mail and other electronic messaging.

Annual Reviews

SKRC offers annual compliance reviews designed to help advisers meet their obligation under Rule 206(4)-7 of the Investment Advisers Act to review, no less than annually, the adequacy of the adviser’s policies and procedures and the effectiveness of their implementation.

Mock Audits

SKRC conducts mock audits that are designed to prepare investment advisers for an SEC exam. Drawing from our deep experience representing investment advisers in SEC exams, investigations and monitorships, our mock audits help identify red flags and regulatory risk areas. SKRC reviews relevant portions of your books and records and conduct in-person interviews of key personnel designed to replicate the SEC exam experience. In an interview with The Hedge Fund Law Report, David Tang of SKRC provided his thoughts on mock audits, their prevalence in the industry and best practices for advisers to use mock audits to prepare for an SEC examination

Additional Services

Security Breach Response

SKRC advises entities in the event of a security breach resulting in authorized access to personal information. Our services include a 50-state chart of security breach notification laws covering topics including notification to residents and governmental authorities, key definitions, and available exemptions.

CFTC/NFA Compliance Services

SKRC offers comprehensive CFTC/NFA compliance consulting services, from initial registration to the ongoing compliance consulting and support required as your CPO/CTA firm grows and matures. SKRC’s CFTC/NFA compliance consulting services are available on tailored fixed-fee arrangements.

Broker-Dealer Compliance Services

SKRC offers comprehensive compliance consulting services for new and established broker-dealers engaged in various activities. Our services include guiding new firms through the FINRA New Member Application process and helping firms navigate the changing landscape of broker-dealer regulation. SKRC’s broker-dealer compliance consulting services are available on fixed-fee arrangements.

Gaming Activities Shareholder Reporting

SKRC offers a chart of state beneficial ownership reporting requirements for public companies engaged in various gaming activities in the United States and certain other jurisdictions. This chart is offered free to our investment adviser clients and available for purchase by non-clients ($1,500). Click here to request a copy of this chart.