Broker-Dealers, Investment Banks, Derivatives Brokers and Investment Advisors
Schwartz provides advice to broker dealers, investment banks, boutique advisory firms, derivatives brokers and investment advisers on the full range of securities and regulatory legal issues affecting their businesses, including advice on the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of 1940, the Investment Company Act of 1940 and the Commodity Exchange Act, with a particular emphasis on the issues encountered by foreign-owned firms and on the offering of foreign instruments in the U.S.
We advise clients on structuring, organizing and registering securities broker-dealers with the Financial Industry Regulatory Authority (FINRA — formerly NASD) and futures and options introducing-brokers, futures commission merchants and commodity trading advisers with the National Futures Association (NFA), as well as representing such firms in ongoing regulatory matters involving the Securities and Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC). We advise foreign financial institutions on organization of offshore securities subsidiaries and domestic broker-dealers.
We also advise on transactions among broker-dealers, introducing brokers and inter-dealer brokers, including introducing broker agreements, as well as agreements between institutional customers and prime brokers, clearing firms and custody agreements.
We serve as counsel to foreign and domestic boutique investment banks and M&A advisory firms in transactions between such firms and their advisory clients, registered broker-dealers, employees and registered representatives, reviewing or preparing financial advisory agreements, sub-advisory agreements, engagement letters, financing term sheets, confidentiality and non-circumvention agreements and employee non-competition and non-solicitation agreements and other agreements.