Unlike hedge funds or private equity funds, family offices can largely avoid state and federal securities regulations by taking advantage of statutory exemptions. These exemptions reduce tedious reporting and due diligence obligations; they also allow family offices to retain privacy and a substantial level of control over their investments.
RegComp professionals have experience assisting family office clients. We offer a unique approach to the maintenance of a smart family office infrastructure with sound compliance practices. If a family office is organized as a registered investment advisory firm, it will be regulated by the Securities and Exchange Commission (SEC). If it is organized as a private trust company, it will be regulated by a banking commission. In either case, the family office becomes an operating business subject to all state and federal regulations.
The Family Office Rule (see Rule 202 (a) (11) (G) - 1 (the “Rule”) promulgated under the Investment Advisers Act of 1940, as amended (the “Advisers Act”) excludes from the definition of the Advisers Act those persons and entities that provide advisory services solely to family clients.
Based on the Rule, if your family office is properly structured to ensure exclusion from Advisers Act regulation, your firm could still be required to comply with certain federal or state securities laws and other laws governing persons or entities that are involved in buying and selling securities, where appliable.
If you are a family office relying on the Family Office Rule, we can assist you follow best practices in regulatory compliance. We tailor solutions based on the specific situation and compliance needs of your firm.