FOX Offers Help on SEC’s New Family Office Regs

Workshop will aid investment firms in deciding if they are exempt from SEC registration

More On Legal & Compliance

from The Advisor's Professional Library
  • Dealings With Qualified Clients and Accredited Investors Depending upon an RIAs business model and investment strategies, it may be important to identify “qualified clients” and “accredited investors.”  The Dodd-Frank Act authorized the SEC to change which clients are defined by those terms.
  • Advertising Advisor Services and Credentials Section 206 of the Investment Advisers Act contains the anti-fraud provision of the statute and ensures that RIAs’ advertising and marketing practices are consistent with the fiduciary duty owed to clients and prospective clients.   

With family offices having until next March 12 to decide whether they must register with the Securities and Exchange Commission or applicable state authorities or are exempt from doing so, Family Office Exchange has a workshop help them decide.

Family Office Exchange (FOX) announced Tuesday that a two-day workshop in New York on Sept. 7-8 to provide a comprehensive review of the major regulatory and legal changes under the Dodd-Frank Act that affect family offices and offer guidance in developing a customized response to facilitate compliance.

The workshops will be open only to wealth owners, family office executives and qualified multi-family office executives and advisors, FOX said in a statement.

The SEC approved a rule on June 22, defining what kind of firm can call itself a “family office” and thereby is excluded from the Investment Advisers Act of 1940. Entities that do not qualify for the exemption will have to either register with the agency as an RIA or make substantial changes in their structure.

According to FOX, options for entities that do not qualify for exemptions include becoming a qualifying family office by declining all clients who fall outside the SEC definition of “family client,” removing the investment function from family office control, reorganizing the office as a state-regulated family-owned private trust company or seeking an exemption from the SEC.

Several subject-matter experts will lead discussions during the two-day workshops, including:

  • Tom Balliett, a partner with Kramer, Levin, Naftalis & Frankel
  • John P.C. Duncan, founder of Duncan Associates Attorneys and Counselors
  • Wallace Head, managing director of Personal Fiduciary Advisors
  • Martin E. Lybecker, a partner with Perkins Coie
  • David Simon, founder and president of WeComply Inc.
  • Tim Terry, deputy general counsel with Hartz Capital. 
Reprints Discuss this story