Michael A. Hurckes, Managing Attorney, MAH Advising LLCMichael A. Hurckes, Managing Attorney
The focus on investor protection, crypto currency, privacy, and data protection and new ESG framework demonstrates the significance of compliance in supporting operational and environmental resilience. Complex global framework in the financial services industry have heightened the need to address legal and compliance challenges and focus on issues related to growth and profitability. The intense competition, rapid technological advancement, rising costs, and pressure on bottom lines have made it imperative for firms to assess how these changes pose risks in complying with shifting regulatory and enforcement agendas.

Addressing these challenges and positioning firms to effectively thrive in today’s business climate characterized by disruption and volatility calls for a partner with a high degree of expertise in financial services and legal practices. That partner is MAH Advising LLC (“MAH Advising”).

MAH Advising brings an impressive wealth of financial industry knowledge and legal experience to help clients build successful companies in the hyper-competitive marketplace. Its team of licensed attorneys and industry hardened professionals places great emphasis on corporate investment formation strategies and practices, looking at organizational goals from a business, technology, and regulatory perspective to create more value for clients.

“Our goal is to help clients accomplish their core business objectives and interests by effectively managing and mitigating regulatory and legal risks,” says Michael A. Hurckes, Managing Attorney at MAH Advising.

Through its risk-based approach to compliance, MAH Advising’s attorneys oversee all regulatory filing needs, whether it’s forming a limited liability company (LLC), limited partnership (LP), or corporation. It specializes in investment adviser regulation, securities regulation, broker/dealer regulation, litigation, and arbitration. MAH Advising’s attorneys work tirelessly to achieve an in-depth understanding of financial services industry participants to offer the best representation and defend them with experienced legal action within the rapidly changing regulatory environment. It also provides regulatory filing services, like entity formations, registrations, SEC filings, and disclosure document submissions, as an RIA Legal & Compliance firm.

Before diving into MAH Advising’s position as a reliable navigator for regulatory and legal compliance that spurs business success, we must consider the pressing compliance challenges on top of every financial services company’s mind. The new compliance framework for SEC’s Marketing Directives presents exciting opportunities for RIA marketing, which must be addressed promptly and accurately to avoid future regulatory concerns. The far-reaching implications of the new policies will require firms to review and revise their Form ADV, disclosures, record-keeping procedures, and compliance manual and dictate how performance data will be presented in marketing and advertising materials. In light of this paradigm shift, it makes sense that marketing and advertising is the most significant priority for financial services firms.
“In an ever-dynamic regulatory environment, we offer holistic strategies and best legal guidance to help clients cost-effectively mitigate existing and future compliance issues,” states Hurckes. Faced with the complexities of heightened regulations and detailed disclosure requirements, companies can rely on MAH Advising attorneys to navigate corporate governance challenges. It draws on its years of experience and knowledge of best practices to empower clients to proactively manage risk, seize business opportunities, and maintain momentum toward core business goals. Keeping an eye toward future protection, it negotiates and drafts new contracts and reviews proposed and existing agreements and other documents to ensure compliance with current regulatory requirements.

We Help Reduce The Stress Of Internal Teams Who Lack The Subject Matter Expertise And Face The Overflow Of Increasingly Complex And Ever-Evolving Regulations By Offering Sound Legal Advice As An External Chief Compliance Officer And General Counsel

MAH Advising provides a comprehensive range of contract drafting services to help clients mitigate risks and effectively manage all business arrangements. Its team of experts assists with Form ADV filings & renewals, Form U4/ U5, Forms 13F/G/H/D filings, Corporate filings, Blue sky filings*, Corporate formation (LLCs and S corps), and SEC & FINRA application processes. For issuers seeking investors in multiple states, MAH aids in preparing filings and complying with the various deadlines and blue sky requirements for each applicable state.

When responding to inquiries from the SEC, FINRA, or other regulatory bodies, businesses must be prompt, considerate, and accurate in addressing each issue or discrepancy, particularly if allegations of securities law violations are involved. Attorneys at MAH Advising LLC have an in-depth understanding of their client’s business landscape. This enables them to respond swiftly and effectively to regulatory inquiries and allegations at the state and federal levels, including breach of fiduciary duty, negligent misrepresentation, account churning, fraudulent trading practices, and inaccurate disclosures.

The daunting experience of regulatory agencies like the SEC, FINRA, or the state regulators knocking on the door can be alleviated when a firm is ready for their interview questions and lengthy document requests while demonstrating their culture of compliance through a robust risk assessment process. MAH Advising’s team has extensive experience handling regulatory examinations and provides customized personal tutoring and attention to prepare clients for regulatory examinations. It aids investment advisers, broker-dealers, hedge funds, private equity firms, and investment companies in assessing preparedness and readiness for regulatory examination by helping them periodically conduct mock exams. It provides a list of recommendations to help a client’s management team improve the effectiveness of their existing compliance framework and practices as part of the training program.

“We help reduce the stress of internal teams who lack the subject matter expertise and face the overflow of increasingly complex and ever-evolving regulations by offering sound legal advice as an external chief compliance officer and general counsel,” adds Hurckes.

The following instance of how it helped a client in their initial approach to implementing the recently passed SEC marketing directives showcases MAH Advising’s expertise in regulatory compliance. The client lacked regulatory expertise and was burdened with reviewing the rule’s changes and developing an implementation timeline to stay on track. MAH Advising’s subject matter attorneys worked closely to thoroughly review and understand their business needs and the impact of the new changes on their operations. Working through these identified gaps, it helped formulate policies, procedures, and documentation per the new regulatory guidance. Throughout the project, MAH Advising had an open, ongoing dialogue with the client about the progression of their implementation and communications with the regulatory agencies involved. The client successfully implemented changes and published new protocols necessary to comply before the deadline.

The new SEC marketing rule imposes various significant changes on the framework for investment adviser advertising. Unaltered for the last 60 years, the modernization of Rule 206(4)-1 under the Investment Advisers Act of 1940 (Advisers Act) will have a paradigm-shifting impact on SEC-registered investment advisers, granting more flexibility in a few cases and imposing new conditions in others. The new provisions aim to use a fair and balanced principles-based approach for discussing specific holdings. Moving forward, companies will deal with simultaneous strands of complex change across the enterprise at warp speed. Five-year plans become one-year plans as the scope and speed of many enterprise transformations put additional stress on the compliance function.
  • Our Goal Is To Help Clients Accomplish Their Core Business Objectives And Interests By Effectively Managing And Mitigating Regulatory And Legal Risks With Our Full Package Outsourced Chief Compliance Officer And General Counsel Services

Companies are expected to manage risks beyond the traditional purview of compliance. Coupling this reality with ongoing innovation in the industry and supervisory approaches means attracting and retaining a broader complement of industry skills and experience will be critical to the success of any business.

Hurckes raised the point that many companies are focused on simply blocking the pain points of the new regulations as a reactive approach with no business benefits due to a lack of experienced and practical legal advice. There is an evident need to fill that gap with experienced professionals who offer advice that emphasizes a proactive approach to reinforcing organizational resilience in the face of future compliance challenges and fostering a sustainable business culture. MAH Advising aims to be the go-to partner for compliance and legal advice in the financial services market with its client-centric approach. MAH Advising plans to expand its offerings to empower smaller and mid-size asset managers with the same competitive advantage as bigger players in the market.