Senior attorney to support Bank of America Merrill Lynch’s Global Wealth & Investment Management (GWIM) business in its capital markets transactions with wealth management clients.
Primary responsibilities include:
- Providing legal counsel to GWIM’s Investment Solutions Group on public securities offerings, private placements, and trading matters.
- Counseling the business on regulatory, disclosure, suitability, securities offerings, and trade execution matters across investment types (e.g., equities, debt securities, preferred securities, certificates of deposit, structured products, market-linked investments, municipal securities, listed options, hedge funds, and private equity funds).
- Advising the business on SEC prospectus disclosure and prospectus delivery obligations.
- Advising the business on its obligations as an underwriter, selling group member, or placement agent in securities offerings.
- Advising on the business on its broker-dealer obligations in secondary market trading on securities exchanges and in the over-the-counter market.
- Advising on broker-dealer order routing, disclosure, and best execution obligations.
- Advising on broker-dealer requirements pertaining to order execution, quotation and trade execution information.
- Advising the business on regulatory matters pertaining to its broker-dealer activities.
- Participating in the review, policy and governance processes related to the business’s capital markets transactions, working with business and control partners across various groups within the organization.
- A minimum of 10 years of experience as a practicing attorney.
- Prior in-house experience is preferred.
- Candidate must be a critical thinker and an effective communicator who can collaborate with others.
- Candidate must be able to be a strategic legal adviser to a broker-dealer across its offerings and trading activities.
- Proficient knowledge of the Securities Act of 1933, the Securities Exchange Act of 1934, and related SEC and FINRA rules and regulations, including Regulation D private placement regulations, Regulation S offshore offering regulations, and Rule 144 restricted securities provisions.
- Proficient knowledge of broker-dealer regulations pertaining to secondary market trading, including SEC and FINRA rules on best execution, Order Audit Trail System (OATS) and Consolidated Audit Trail (CAT) requirements, Trade Reporting and Compliance Engine (TRACE) requirements, SEC Rules 605 and 606 on order execution and order routing, and SEC Rule 10b-10 trade confirmation disclosures.
- Familiarity with the review of investment products targeted at retail investors, including suitability considerations.
- Experience with advising on hedge fund and private equity fund transactions, formation of feeder funds, and working knowledge of the Investment Company Act of 1940 is a plus.