On March 30, 2022, the Division of Examinations (formerly known as the Office of Compliance Inspections and Examinations) (the “Division”) of the Securities and Exchange Commission (the “SEC”) announced its 2022 examination priorities for registered investment advisers (“RIAs”).1 The Division grouped the priorities into six general thematic areas: the operation of private investment funds; environmental,…
RICHARD GUIDICE, JR.
PARTNER
Richard Guidice advises both start-up and established private investment funds, as well as private fund managers, registered investment advisers, commodity pool operators, broker-dealers, family offices and other financial institutions on regulatory and strategic issues related to their formation, structure and operation.
Practices
About
Richard also has extensive experience counseling family offices, foundations, private and public pension plans, and other LP-side investors regarding their unique structuring, diligence and legal concerns with respect to their investments in alternative asset classes.
In particular, Richard spends a significant portion of his practice:
- Forming and structuring domestic and offshore hedge funds, private equity funds, real estate funds and other investment vehicles
- Forming and registering investment advisers and broker-dealers
- Drafting and negotiating various agreements, including management company ownership agreements, managed account agreements, employment agreements, and agreements with prime brokers, administrators, subadvisors, marketers, consultants and other service providers
- Assisting clients with designing, implementing and monitoring customized compliance programs, and providing related training to employees
- Advising clients concerning regulatory compliance, including SEC filing and reporting obligations, soft-dollar arrangements and blue sky compliance
- Counseling clients through SEC, CFTC, FINRA, NFA and state regulatory examinations and inquiries
- Advising commodity pool operators and commodity trading advisors on registration and compliance obligations under CFTC and NFA regulations
- Counseling clients on acquisitions and sales of investment advisers and other financial services businesses
Education
Fordham University School of Law (J.D., Dean’s List, 2003)
Fordham Urban Law Journal, Associate Business Editor
St. John’s University (B.S., summa cum laude, 2000)
Bar Admissions
New York
New Jersey
United States District Court for the District of New Jersey
Speaking Engagements
Enterprise Risk Management for Fund Managers
Panelist, 2020 Hedge Fund Manager Summit – CohnReznick, LLP, February 2020
Pay-To-Play: Don’t Get Caught Out This Election Season
Speaker, Sponsored by Fund Intelligence, July 2016
Insights
SEC Announces 2022 Examination Priorities
May 2, 2022Client Alerts, FEATURED PUBLICATIONSEC Increases “Qualified Client” Standards
August 2, 2021Client AlertsOn June 17, 2021, the U.S. Securities and Exchange Commission (the “SEC”) issued an order (the “Order”1) increasing the dollar amount tests in order to qualify as a “qualified client” in Rule 205-3 (the “Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). As described below, these changes will be effective…
Helping Clients Navigate COVID-19 (Updating)
August 18, 2020Client Alerts, FEATURED PUBLICATIONKleinberg Kaplan is working closely with our clients to provide counsel and guidance during these unprecedented times. A selection of our recent thought leadership pieces related to the implications of COVID-19 includes: Corporate Considerations The PPP Just Got Better (June 10, 2020): Chris Davis, Dov Kleiner, Uri Rosenwasser and Benjamin Goldman discuss the key highlights of the…