1940 Act Attorney

The Tidal Financial Group is a leading ETF investment technology platform dedicated to creating, operating, and growing ETFs. We combine expertise and innovative partnership approaches to offer comprehensive, value-generating ETF solutions. 

Our platform offers best-in-class strategic guidance, product planning, trust and fund services, legal support, operations support, marketing and research, and sales and distribution services.

About the role

The primary purpose of the 1940 Act Attorney role is to work effectively with internal stakeholders and clients to provide counsel and guidance on relevant legal matters related to 1940 Act-regulated investment companies (primarily ETFs). Specifically, this role focuses on drafting, reviewing, and filing prospectuses for ETF clients and managing their successful approval by both external trust counsel and the SEC.

The Tidal Legal team delivers high-quality, value-added legal counsel and fosters strong relationships with internal business teams, external clients, and third-party firms. This position collaborates closely with these stakeholders to establish efficient processes for launching and ensuring the continued operation of ETFs.

What you'll do

• Provide legal counsel and guidance on all legal matters relevant to SEC-registered investment advisers, investment companies, and fund administration firms.
• Support Tidal clients by drafting registration statements, annual updates, and other required documentation with a focus on ensuring investment strategy descriptions are clear, accurate, and compliant with regulatory requirements. Draft principal investment strategies and risk disclosures for Funds that use complex strategies, including those that extensively use derivative instruments.
• Engage in consultative business and investment solution activities to develop and strengthen existing relationships.
• Review, research, interpret, and provide both written and oral guidance on a wide variety of legal issues facing Tidal.
• Prepare filings and documents for new Tidal-provided services, such as creating new trusts and drafting proxy and information statements (and related documentation).
• Perform miscellaneous job-related duties as assigned

Qualifications

The successful candidate will have the following skills and experience:

• Minimum four years’ experience as a 1940 Act attorney. Experience gained at a major U.S. law firm is preferred.
• A J.D. and membership (or anticipated membership) in the bar of at least one state are required.
• Experience and knowledge of the Investment Company Act of 1940 and the Investment Advisers Act of 1940.
• Experience working exclusively or predominantly in the 1940 Act space is a strong plus.
• Proficiency in written communication skills, including the ability to draft documents using “plain English” principles.
• Proficiency in oral communication skills, whether addressing clients or internal stakeholders.
• Client service skills with an aptitude for understanding clients’ basic legal needs and how they align with their business objectives.
• Ability to organize and prioritize work while coordinating with other team members.
• Ability to manage multiple tasks simultaneously, maintaining careful attention to detail.
• Ability to work with a sense of urgency to meet deadlines and address competing priorities.