ERISA Benefit Plan Investment Management Agreements: Selecting 3(38) Investment Managers, Structuring the IMA
Documenting the Relationship to Minimize Risks for Plan Sponsors and Investment Advisers
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will explain best practices for selecting a 3(38)-investment manager and outline key steps in structuring and documenting the investment manager relationship. Our panel will review how best to negotiate and draft investment management agreements (IMAs) and what terms to look for when a plan invests in a pooled investment vehicle subject to ERISA.
Outline
- Negotiating investment management agreements
- Drafting investment management agreements
- Documenting the investment management partnership
Benefits
The panel will review these and other key issues:
- What standard of care should plans expect from an investment manager?
- What representations and warranties should an IMA include?
- What protections can side letters offer?
- What types of investment strategies may warrant the use of an exemption other than PTE 84-14 (QPAM)?
Faculty

Mayoung Nham
Principal
Slevin & Hart
Ms. Nham has been working with defined benefit and defined contribution pension plans, health and welfare plans, and... | Read More
Ms. Nham has been working with defined benefit and defined contribution pension plans, health and welfare plans, and training plans since graduating law school in 2007. Her experience includes all aspects of employee benefits law, including the Employee Retirement Income Security Act, the Internal Revenue Code, the Affordable Care Act, the Consolidated Omnibus Budget Reconciliation Act, and the Health Insurance Portability and Accountability Act.
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S. John Ryan
Partner
Seward & Kissel
Mr. Ryan advises a variety of clients — publicly and closely held corporations, partnerships, governmental... | Read More
Mr. Ryan advises a variety of clients — publicly and closely held corporations, partnerships, governmental entities, tax-exempt foundations and sole proprietorships — concerning all aspects of employee benefits matters. These matters include representation involving the structuring, drafting, operation, amendment and termination of qualified and non-qualified pension, profit-sharing, stock bonus and employee stock ownership plans, individual retirement accounts, stock option plans and group life, disability, medical reimbursement, and other types of welfare plans.
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