Details

The course provides students with a working knowledge of mutual funds, as well as hedge funds, from a legal and practical perspective. While we pay particular attention to the Investment Company Act of 1940 and the Investment Advisers Act of 1940, the course supplements this analysis of this regulatory framework with guest speakers and regular reviews of press articles and advertisements appearing in the financial media. The course covers issues relating to fund organization and distribution, rights of shareholders, investment performance, advisory fees and expenses, governance, including the independence of directors, trading practices and compliance matters. We will examine the roles of independent counsel to the fund and its disinterested directors, in-house counsel to the fund's investment adviser, and special counsel in acquisitions and governmental investigations. There will be an emphasis on real-world situations currently faced by mutual fund managements and their counsel. The course will conclude with a written take-home examination. Teaching Method: Prerequisite: None Text:The reading material for this course will include a one-volume text, Investment Management Regulation, Third Edition, 2005 (Frankel and Kirsch). The professors will prepare and furnish to students a separate supplement containing key SEC releases, no-action letters, and judicial and administrative decisions. We also will review and critique actual fund prospectuses, shareholder reports and advertisements. Evaluation: written take-home exam.