Matthew Kutner is an associate in the Investment Management Practice of Morrison & Foerster’s New York office.
Mr. Kutner advises investment companies, including open-end, exchange-traded funds and unit investment trusts, investment advisers and boards of trustees on a variety of legal, business, compliance and transactional matters arising under the Investment Company Act of 1940, the Investment Advisers Act of 1940 and other applicable laws and regulations. Mr. Kutner also counsels independent board members of mutual funds on their responsibilities, including under Section 15(c) of the Investment Company Act of 1940, and regularly attends board and committee meetings. He also advises operating companies on investment company status issues, and is a frequent writer on legal and regulatory topics and best practices within the investment management industry.
Mr. Kutner regularly reviews and negotiates terms of fund service provider agreements, including investment advisory, administrative, transfer agency, custody, auditing and credit facility services.
Mr. Kutner’s experience also includes drafting registration statements, proxy statements, regulatory disclosures in connection with new fund launches, reorganizations and annual updates, and advising on disclosures included in annual and semi-annual reports. He also counsels clients on a range of SEC regulatory matters, including exemptive order applications, interpretive and no-action letters, and in response to issues raised by the SEC staff during examinations.
Mr. Kutner has been recognized as a “Rising Star of Mutual Funds” by Fund Action and Fund Directions at the 24th Annual Mutual Fund Industry Awards 2017. Prior to attending law school, Mr. Kutner gained experience in the financial services industry working at a large investment management firm. Mr. Kutner also has experience advocating on behalf of low-income New Yorkers through his work within public interest law.
Mr. Kutner received his LL.M. from Columbia Law School, where he was a Harlan Fiske Stone Scholar, and his J.D., cum laude, from Hofstra University School of Law, where he served as a Research Editor for the Hofstra Law Review. Mr. Kutner received his B.B.A., cum laude, from The George Washington University, where he studied international business.
Mr. Kutner has been recognized as a “Rising Star of Mutual Funds” by Fund Action and Fund Directions at the 24th Annual Mutual Fund Industry Awards 2017. He is recommended by Legal 500 US 2016. Mr. Kutner has been named to the 2017 Super Lawyers “Rising Stars” list.
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