Tucker Arensberg’s Trust and Investment Management Practice Group provides one-stop shopping for legal services to wealth managers including banks and trust companies, investment counseling firms, brokers, and insurance companies who manage their clients’ assets in individual accounts, brokerage accounts, investment management accounts, mutual funds, retirement accounts and fiduciary accounts.

Wealth managers are governed by a very complex and multi-faceted legal environment involving numerous laws and regulations in a complex environment regulated by multiple regulators.  Our attorneys have experience dealing with these regulators, including the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, state banking regulators, state insurance commissioners, the Department of Labor and the Securities and Exchange Commission.  We assist clients in the coordination of the complex and sometimes conflicting regulatory structure.

Our group is composed of lawyers experienced in the many laws and regulations which govern wealth managers, including OCC Regulation 9, the federal banking laws, the federal securities laws and applicable state statutes including the Uniform Probate Code, the Uniform Prudent Investor Act, the Uniform Principal and Income Act, and the Uniform Trust Code which governs fiduciary activities.

Tucker Arensberg represents clients in matters involving dealing with their regulators and also provides the legal services necessary to develop and maintain their products and services.  This includes counseling, compliance activities, regulatory applications and exemptions, assistance in developing new products and services, and assisting in sales and marketing efforts.  While most law firms handle these issues through separate practices, we assemble the necessary expertise in our practice group in order to provide our clients with practical advice to resolve their problems.

In the complex regulatory environment in which wealth managers are now working since the enactment of the Dodd-Frank Act, we assist our clients in developing risk management and compliance programs and policies to enable them to protect their businesses.  The following are some of the specific services which are offered by our Group.

Investment Management

Establishing and Advising
Investment and Brokerage Firms
Commingled Investments:
Common and Collective Funds
Mutual Funds
Limited Partnerships
Real Estate
Foreign Investments
Individual Transactions
Private Placements
Compliance Programs
SEC Registrations
Securities (SEC) Issues
Regulatory Approvals
General Representation
Special Needs Trusts
Conducting Legal Audits

Special Counsel

Estate, Trust and Guardianship Administrations
Income, Gift, Estate and Generation-Skipping Taxes
Principal & Income Act
Real Estate
Defense of Surcharge Actions

Regulatory and Banking

Interpretations
Exemptions
Examinations
Conflicts
Trust Indenture Act
General Representation Before Agencies
Compliance Programs
General Representation
Conducting Legal Audits
Privacy
Fiduciary Liability

Employee Benefits

Fiduciary Responsibility
Exemptions
Compliance Programs
Examinations and Audits