Best Funds & Asset Management Lawyers in Tarrytown

About Funds & Asset Management Law in Tarrytown, United States

Funds and asset management law covers the rules that apply to people and firms that manage investment funds, portfolios, pension assets, trusts, and other clients' money. In Tarrytown - a village in Westchester County, New York - most legal questions involve a mix of federal securities and tax law together with New York state law and local business requirements. Whether you are setting up a hedge fund, operating as an investment adviser, administering a family office, handling trustee responsibilities, or advising retirement plans governed by ERISA, you will face requirements on registration, disclosure, fiduciary duties, custody, reporting, and compliance.

Why You May Need a Lawyer

Managing other people's money creates legal risks. A lawyer helps to reduce those risks and to get the business set up correctly from the start. Common situations that call for legal help include:

- Forming a fund vehicle or special-purpose entity and drafting offering documents and partnership or LLC agreements.

- Registering as an investment adviser with the SEC or with New York State and completing Form ADV and related filings.

- Drafting or reviewing private placement memoranda, subscription agreements, side letters, and investor communications.

- Establishing compliance programs, policies and procedures, and a Chief Compliance Officer role to meet regulatory obligations.

- Handling custody arrangements, selecting qualified custodians, and complying with custody rules and auditing requirements.

- Responding to regulatory examinations, inquiries, or enforcement actions from the SEC, FINRA, New York State regulators, or the Department of Labor in ERISA matters.

- Resolving investor disputes, redemption disputes, valuation disagreements, or claims of breach of fiduciary duty.

- Advising on tax structure and reporting for funds, carried interest and partnership taxation, and cross-border investor issues.

- Representing fiduciaries in trust, estate, and guardianship matters where investment management is at issue.

Local Laws Overview

Several layers of law apply to funds and asset management activity connected to Tarrytown. The most relevant are federal securities and tax laws plus New York state statutes and local business rules. Key aspects to watch include:

- Federal securities law - Advisers who meet the federal thresholds must register with the U.S. Securities and Exchange Commission and comply with the Advisers Act. Important obligations include fiduciary duty, custody rules, advertising and marketing restrictions, Form ADV disclosure, and recordkeeping.

- State securities law and enforcement - New York enforces state-level securities regulation, including powerful anti-fraud statutes often referred to in practice as the Martin Act. State regulators and the New York Attorney General can investigate and bring civil actions independent of federal authorities.

- Investment Company Act and exemptions - Whether a pooled vehicle is an "investment company" under federal law determines registration obligations and available exemptions. Many private funds rely on private placement exemptions under Regulation D or other exclusions.

- ERISA and pension assets - If you manage retirement-plan assets or act as a plan fiduciary, ERISA imposes strict fiduciary duties, prohibited transaction rules, and Department of Labor oversight. Special care is required for investment products sold to plans or for plan sponsor-directed investments.

- Tax and structuring - Federal and New York tax rules influence fund choice of entity and distribution mechanics. Partnership taxation is common, but state and local tax consequences and filing requirements must be considered.

- Business formation, licensing and local compliance - Operating from Tarrytown may require business registration with the New York Department of State, local permits or zoning clearances from the Village of Tarrytown or Town of Greenburgh, and county-level business requirements in Westchester County.

- Consumer and fiduciary protection - New York law recognizes fiduciary duties of loyalty and care for advisers, trustees, and investment managers. Disclosure, fair dealing, and conflict-management are central themes.

Frequently Asked Questions

Do I need to register as an investment adviser if I manage money in Tarrytown?

Registration depends on several factors - assets under management, types of clients, and where you solicit clients. Advisers with large assets under management generally register with the SEC. Smaller advisers may register with New York State. Exemptions exist for certain private family offices and advisers to venture capital or private funds. A lawyer can evaluate your facts and tell you whether federal or state registration applies and help complete required filings.

How should I structure a private fund for investors in Tarrytown?

Common structures include limited partnerships and limited liability companies. Choice of structure affects governance, liability, and tax treatment. You will also need offering documents, subscription agreements, and fund governance provisions that address valuation, fees, distributions, side letters, and withdrawal or redemption mechanics. Local lawyers will coordinate fund documents with compliance and tax advisers to match investor needs and regulatory limits.

What are my fiduciary duties as an adviser or fund manager?

Under federal and New York law, investment advisers owe a duty of loyalty and a duty of care to clients and investors. This means acting in clients' best interests, avoiding or disclosing conflicts of interest, providing accurate information, and exercising reasonable care in selecting investments and service providers. ERISA fiduciaries have additional and stricter duties when managing plan assets.

What compliance programs are required?

Registered advisers must maintain written policies and procedures addressing conflicts of interest, custody, valuation, cybersecurity, trading allocation, advertising, and more. You must designate a Chief Compliance Officer and perform periodic testing and reviews. State-registered advisers face similar requirements under New York rules. A lawyer can help design and document a practical compliance program tailored to your operations.

How do private placements work for raising capital?

Private placements typically rely on federal exemptions such as Regulation D, including Rule 506(b) and Rule 506(c). Those exemptions limit the manner of solicitation and types of investors, and generally require filing a Form D with the SEC and meeting state notice or filing obligations. Offering documents and investor suitability checks are essential to reduce legal exposure.

What happens if the SEC or New York regulators examine or investigate me?

Regulatory exams and investigations are serious. You should immediately preserve documents, stop altering records, and consult an experienced securities lawyer. Lawyers can manage communications with regulators, negotiate production schedules, prepare responses, and, if needed, represent you in enforcement proceedings or civil litigation.

Where can investors in Tarrytown file complaints about their adviser or fund?

Investors concerned about fraud or improper conduct can file complaints with the SEC, the New York Attorney General, and state securities regulators. For broker-dealer issues, FINRA handles certain disputes. A lawyer can evaluate the claim, advise whether civil litigation or arbitration is appropriate, and help prepare complaints or defenses.

Do New York state laws affect fund advertising and investor solicitation?

Yes. Both federal advertising rules and New York state requirements can limit what you can say and how you solicit investors. New York’s anti-fraud statutes require truthful disclosure and prohibit misleading statements. Certain solicitation methods may trigger additional registration or notice obligations, so review campaign materials with counsel before use.

How are fees and carried interest treated under law and taxation?

Fee arrangements must be clearly disclosed and consistent with governing documents. Carried interest and management fees have tax consequences under federal and state law. Recent changes and debates over carried interest tax treatment make tax counsel important when designing compensation structures to ensure compliance and optimization for managers and investors.

How do I find the right lawyer in Tarrytown to help with a fund or asset management matter?

Look for lawyers with experience in securities law, investment adviser regulation, fund formation, and tax or ERISA matters as relevant. Check credentials, ask for client references, confirm familiarity with SEC and New York enforcement practices, and confirm that the lawyer will work with accountants and compliance specialists. Many local firms or New York City firms serve Tarrytown clients; an initial consultation will help you evaluate fit and cost.

Additional Resources

- New York State regulatory bodies and resources - including the New York State Attorney General's securities enforcement office and state securities regulators.

- New York Department of Financial Services - oversees certain financial services firms operating in New York.

- U.S. Securities and Exchange Commission - for federal registration, Form ADV filings, and investor protection resources.

- Financial Industry Regulatory Authority - for broker-dealer rules and arbitration information.

- U.S. Department of Labor - for guidance on ERISA fiduciary obligations when managing retirement assets.

- Westchester County offices - county clerk and consumer protection offices for local business registrations and consumer assistance.

- Village of Tarrytown Clerk and Building Department - for local business permits, zoning and occupancy rules that may affect office operations.

- Local bar associations - Westchester County Bar Association and other professional groups for referrals to experienced securities and fund lawyers.

- Tax advisers and certified public accountants experienced with partnership taxation and fund structures.

Next Steps

If you need legal assistance in Tarrytown for funds or asset management matters, here is a practical path forward:

- Gather basic documents: fund or business formation papers, offering documents, advisory agreements, Form ADV if filed, custody agreements, recent financial statements, and correspondence with regulators.

- Schedule an initial consultation with an attorney experienced in funds and securities law. Use the meeting to describe your business model, client base, current issues, and goals.

- Ask the lawyer about experience with SEC and New York state matters, ERISA if applicable, fee structures, typical timelines and estimated costs, and whether they handle enforcement responses and litigation.

- Review and negotiate an engagement letter that defines scope of work, fees, confidentiality and conflict checks.

- Work with your lawyer to prioritize legal tasks - registration or exemption filings, compliance program drafting, fund documentation, investor disclosures, tax planning, or crisis response for investigations or disputes.

- Maintain thorough records and implement recommended policies and training to reduce regulatory and litigation risk over time.

Getting the right legal advice early helps to protect investors, reduce regulatory exposure, and build a sustainable funds or asset management business in Tarrytown.