Custodians, Administrators and Transfer Agents


Service provider arrangements present many challenges, including compliance with stringent regulatory requirements, compensation issues and a variety of business considerations. Dechert lawyers represent fund clients with respect to their service provider arrangements, including those with custodians, administrators and transfer agents, negotiating service agreements and resolving the full range of business and regulatory challenges and compensation disputes. We also advise service providers with respect to regulatory compliance requirements applicable to their fund service business, assist them with establishing operations procedures and forms and advise them on their record keeping requirements.

Applying the practical experience our attorneys gained from serving in senior positions at the Securities and Exchange Commission (SEC), we counsel corporate and mutual fund transfer agents, advise clients in connection with corporate stock offerings and resales, and advise internal transfer agents in large mutual fund complexes. We also provide guidance on U.S securities laws to foreign transfer agents on global offerings and counsel mutual fund clients with respect to the use of foreign transfer agents and global custodians under the Investment Company Act of 1940.

Our lawyers have counseled large and small transfer agents on all aspects of compliance with the federal securities laws, have represented transfer agents in regulatory enforcement actions, and have obtained no-action letters and exemptions from the SEC. Dechert attorneys regularly assist clients with reviewing and establishing compliance policies and procedures and developing outsourcing strategies. We also prepare model opinion letters and representations to be used in connection with transfers of restricted stock.