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 video webinar with Q&A
This CLE course will discuss legal 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 the proposed regulations that significantly impact the QPAM exemption, 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.
- Negotiating investment management agreements
- Drafting investment management agreements
- Documenting the investment management partnership
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)?
- What issues arise in light of the recently proposed regulations regarding QPAM?
Timothy K. Eicher
Slevin & Hart
Mr. Eicher's practice focuses on all aspects of the firm’s representation of employee benefit plans under... | Read More
Mr. Eicher's practice focuses on all aspects of the firm’s representation of employee benefit plans under ERISA. Mr. Eicher received his law degree from Georgetown University Law Center. He served as a Senior Articles Editor for the Georgetown Journal of Law and Public Policy, which published his note on faith-based prison rehabilitation programs. He graduated, with high honors, from Princeton University, where he received an A.B. in Classics.Close
Bradley C. Fay
Seward & Kissel
Mr. Fay routinely counsels clients regarding the investment of plan assets and related issues including ERISA fiduciary... | Read More
Mr. Fay routinely counsels clients regarding the investment of plan assets and related issues including ERISA fiduciary duties, prohibited transactions and the structuring of financial products for ERISA considerations. He advises on ERISA’s Plan Assets Regulation and provides assistance to clients with respect to the application of ERISA’s fiduciary duties and the prohibited transaction rules. Mr. Fay also represents both lenders and borrowers with respect to the ERISA provisions in financing documents. He regularly counsels financial services firms and plans regarding complex ERISA fiduciary matters including clients choosing to operate funds or manage accounts in compliance with ERISA.Close