Overview

Marguerite C. Bateman understands the importance of being both thorough and diplomatic when helping her asset management clients navigate stringent federal securities laws. 

A trusted counselor to registered and unregistered investment advisory organizations and investment company boards of directors and trustees, Marguerite is intimately involved with the details of each client’s issues. After 25 years in the industry, her on-point advice and practical solutions are invaluable as regulators focus their attention on advisory relationships and the unique ”watchdog”  role that fund directors  play. Her reasoned approach has ably defended clients facing regulatory examinations and inquiries.

With the growth of increasingly complex investment products, diverse distribution channels and evolving regulatory requirements, advisory clients reach out to Marguerite for guidance. She offers assistance at the product development stage, performs mandatory annual reviews and creates effective compliance programs for some clients. For others, she suggests enhancements that will assist organizations achieve their potential without running afoul of regulatory mandates.

Above all, Marguerite avoids “using a hammer to kill a fly” by helping companies tailor programs to their needs and sharing her knowledge of industry best practices.

  • Experience

    • Serves as independent legal counsel to fund boards of both large and small investment company complexes.
    • Advises boards on obligations in connection with fund formations, mergers, liquidations and other significant transactions.
    • Engaged in comprehensive review of materials provided to boards intended to streamline quarterly board materials and better organize materials provided in connection with annual contract renewal process.
    • Supported litigation counsel in derivative actions against adviser, fund and directors ensuring legal responsibilities of respective parties are correctly represented in pleadings.
    • Advised board regarding preparation of response to letter directed to the funds from SEC’s Office of Examinations and Inspections.
    • As Managing Director of the Independent Directors Council, involved in regulatory initiatives focused on fund governance and development of programs to educate fund directors regarding their oversight responsibilities.
    • Developed compliance programs and annual compliance review protocol for investment advisory clients.
    • Educate private equity and family office clients on available exemptions from Investment Advisers Act of 1940.
  • Credentials

    Education

    • Wake Forest University School of Law, J.D., 1987, Notes Editor, Wake Forest Law Review, Order of the Barrister
    • Duke University, A.B., 1984

    Bar Admissions

    • District of Columbia

            Professional Memberships

            American Bar Association

             

            District of Columbia Bar Association

             

            Federal Bar Association

          • Insights

            TITLE
            Trending Legal Issue

            Other Publications

            "All In the Family: Application of the SEC's Family Office Rule," Approach (Nov. 2011)

            ""Summary Prospectus Rule as it Applies to ETFs," (co-author) The Investment Lawyer (May 2009)

            ""Newly Adopted Summary Prospectus Form Tailored for Exchange-Traded Funds," (co-author) The Investment Lawyer (April 2009)

            ""New Path, Same Destination: The Effect of Jones v. Harris Associates on 36(b) Litigation," (co-author) The Investment Lawyer (August 2008)

            ""Mutual Recognition: A Step Towards Greater Access to Global Markets," (co-author) The Investment Lawyer (May 2008)

            Speeches & Presentations

            "Looking Ahead: The Evolution of the Role of the CCO Within a Fund Complex," Mutual Fund Compliance Programs Conference, Washington, D.C. (May 7-8, 2015)

            "Hot Topics and Challenging Issues for Fund Boards: Independent Counsel Roundtable," Mutual Funds and Investment Management Conference (March 2015)

            "Corporate Governance and Ethical Considerations of Counsel," The American Law Institute (July 21-22, 2014)

            "Mutual Funds Today: Current Issues and Developments in Fund Regulation and Compliance," The American Law Institute (Oct. 28-29, 2013)

            "Board Issues Roundtable: Independent Counsel Perspectives," Mutual Funds and Investment Management Conference (March 2013)

            "Lightning Round," 2012 Mutual Fund Compliance Programs Conference, Washington, D.C. (May 10-11, 2012)

            "Practices of Effective Fund Boards," Independent Directors Council (IDC) Investment Company Directors Conference (October 24-26, 2011)

            "Risk Management Frameworks," National Society of Compliance Professionals Annual Meeting, Baltimore, Md. (October 18, 2011)

            "Board Perspectives," Investment Company Institute Tax and Accounting Conference, Palm Desert, Calif. (September 13, 2011)

            "Dodd-Frank's Impact on Investment Adviser Registration — What Does it Mean for You?" Schiff Hardin Webinar (April 13, 2011)

            "Fund Board Dynamics, Governance and Key Issues," Mutual Funds and Investment Management Conference (March 2011)

            "Corporate Governance," Investment Company Regulation and Compliance, ALI-ABA (June 2010)

            "Fundamentals of Fund Board Oversight," Independent Directors Council (IDC) Investment Company Directors Conference (November 2009)

            "How Regulatory Requirements Impact the Competitive Balance Between Conventional ETFs and New Types of Commodities-Based ETFs," Investment Company Institute (ICI) General Membership Meeting (May 6–8, 2009)

          • Citizenship

            Civic and Charitable Memberships

            Greater Washington Educational Telecommunications Association (WETA)

            Board of Trustees (2008-present)

            Audit Committee Chair (2013)