Nicole Simon

Associate

nsimon@stradley.com

vCard
Nicole Simon

Overview

Nicole Simon assists in the representation of clients in the asset management industry, including commodity pool operators (CPOs), commodity trading advisors (CTAs), private funds, registered investment companies and investment advisers. She frequently counsels on the applicability and interpretation of federal securities and commodities laws. Her experience includes representing:

  • CPOs and CTAs. Nicole works with exempt and registered CPOs and CTAs with respect to registration, disclosure, and compliance issues. She regularly provides advice regarding the potential availability of exemptions or other relief from various requirements, and drafts no-action requests on behalf of clients. Nicole drafts and revises CPO and CTA compliance policies and procedures, and provides support during routine NFA examinations. Nicole also actively participates in key CFTC rulemakings affecting clients (e.g., cross-border regulation).
  • Private Funds. Nicole assists with the formation of domestic and offshore private funds, which includes drafting private placement memoranda, operating agreements and subscription documents.
  • Registered Investment Companies. Nicole advises clients on the federal securities laws pertaining to the organization and registration of investment companies, including issues specific to funds of funds. She drafts and reviews critical documentation, such as registration statements, proxy solicitation materials, information statements, shareholder reports, investment adviser registration materials and compliance policies and procedures, and drafts no-action requests and exemptive applications, including those related to exchange-traded funds (ETFs). Nicole also provides advice regarding the use of derivatives by registered investment companies.
  • Investment Advisers. Nicole participates in counseling investment advisers with respect to their obligations under the securities and commodities laws, and works with offshore advisers on matters relating to U.S. law and regulation as it applies to them. She also assists in the representation of investment management clients undertaking a corporate merger or reorganization.
Read More

Results

Representative Matters

  • completed comprehensive analyses of various clients’ businesses to determine whether CPO and/or CTA registration would be necessary
  • guided multiple investment advisers through the process of initial CFTC registration as CPOs and/or CTAs, and created full CFTC/NFA compliance manuals for them
  • completed a two-month secondment to the in-house legal department of a global investment firm to assist the client in responding and adapting to expanded regulation of their industry by the CFTC and NFA
  • assisted with the preparation of all offering and organizational materials for the launch of two hedge funds that invest in high yield municipal debt
  • assisted in obtaining an exemptive order from the SEC for an asset management company to operate ETFs
  • assisted in obtaining an exemptive order from the SEC for an asset management company to operate funds of funds that invest in underlying funds including, but not limited to, ETFs
  • participated in advising an international financial services company in connection with the sale of its $2 billion retail mutual fund business to two separate buyers
  • collaborated in the first phase of product rationalization resulting from an investment management company’s acquisition of more than 120 funds from a multinational financial services corporation
  • participated in the representation of an affiliate of a large multinational corporation in connection with a $25 million investment in a pooled investment vehicle, the sole asset of which was to be a credit-linked note
  • participated in the closing of the merger of two closed-end funds of a large asset management company
  • assisted a mutual fund complex in creating four new fixed-income funds to be sub-advised by the company’s newly acquired U.K. investment advisory subsidiary
  • assisted in the representation of a large investment management company complex in connection with a significant project involving the redomestication of its closed-end funds to Delaware statutory trusts, followed by mergers involving the closed-end funds and certain open-end funds
Read More

Credentials

Bar Admissions
  • Pennsylvania
Education
  • J.D., magna cum laude, Harvard Law School
  • B.A., with highest distinction, Pennsylvania State University, Schreyer Honors College
Memberships

  • Harvard-Radcliffe Club of Philadelphia
  • Stradley Ronon Associates Committee 

Recognition

  • Fund Action and Fund Directions Mutual Fund Industry Awards Rising Star
Read More
Back to top