Nicole Kuchera

Nicole Kuchera (a.k.a. “The Connector”) is a Honolulu-based attorney providing full-coverage legal services to international clientele. Nicole leverages Rimon’s presence in over 50 locations, 11 countries, and 5 continents, as well as local and global alliances, to service the varied needs of her sophisticated client base.  Whatever the legal need, Nicole works diligently to ensure that her clients have appropriate and effective legal coverage.

In addition to her role as legal connector and quarterback, Nicole’s niche practice is investment management. In this regard, Nicole represents securities and commodities professionals in a variety of regulatory, compliance and corporate matters. She has extensive experience advising private fund clients, including hedge funds, commodity pools, cryptocurrency funds, fund of funds, socially responsible investment vehicles, venture capital funds, private equity funds, and real estate funds.

Nicole provides legal, regulatory, and compliance guidance to registered and exempt investment advisers, commodity pool operators (CPOs), commodity trading advisors (CTAs), proprietary trading firms, robo-advisers, and family offices.  She drafts offering documents, compliance manuals, business contracts, investment agreements, and advertising materials. Nicole also provides legal and structuring guidance concerning master-feeder structures, domestic and foreign funds, international offerings, separately managed accounts, and robo-adviser platforms.

Nicole also represents institutional investors and family offices in analyzing investment opportunities into various types of private funds and other investment vehicles, as well as in negotiating side letters. She further assists investment management clients with industry comment letters and requests for no-action relief, as well as with regulatory examinations, investigations and litigation.

Examples of Nicole’s areas of legal coverage include the below:

Hedge Funds

Nicole advises hedge funds on a range of legal matters including structuring and formation, compliance, private fund marketing, contract negotiations and securities and derivatives regulatory matters.  She advises investment managers with respect to U.S. Securities and Exchange Commission (“SEC”) and U.S. State registrations and exemptions, as well as the preparation of compliance materials to comply with U.S. laws and regulations. She also evaluates the CPO and CTA exemptions and compliance.

Commodity Pools

In the case of commodity pools,Nicole also advises on U.S. Commodity Futures Trading Commission (“CFTC”) registration considerations, as well as the preparation of CFTC compliance materials to comply with U.S. laws and regulations. She also evaluates the CPO and CTA status of various investment management clients, including the identification of available exemptions, assisting with CFTC and National Futures Association (“NFA”) registration, membership, and compliance.

Crypto Funds

In the case of cryptocurrency funds, Nicole advises on crypto-specific regulations and initiatives. Nicole has assisted with cryptocurrency fund launches that widely vary in their investment strategies and assisted with the formation of a cryptocurrency organization.

SELECTED EXPERIENCE:

• Representation of international investment adviser with registrations of its billion-dollar private equity fund real estate/hospitality investment complex, significant restructuring of the management framework, preparation of compliance materials and preparation of relevant fund offering and marketing materials.
• Representation of multi-billion dollar family office in various ongoing regulatory and investment considerations, including US and international investments.
• Representation of multi-billion dollar investment adviser in various ongoing regulatory and investment considerations, including the launch of various investment vehicles and the creation of novel management structures.
• Representation of major organizations and entities in connection with responses to SEC, CFTC and NFA requests for industry comment.
• Representation of international cryptocurrency agency in connection with its formation and initial regulatory and corporate structuring.
• Representation of various international and U.S. investment advisers with SEC and CFTC registration and preparation of compliance materials to comply with U.S. laws and regulations.
• Representation of various hedge funds, commodity pools, cryptocurrency funds, fund of funds, socially responsible investment vehicles, venture capital funds, private equity funds, real estate funds, and other alternative asset vehicle launches, registrations, regulatory, compliance, marketing, corporate, intellectual property, privacy and new product consideration and initiatives.
• Evaluating CPO and CTA status of various financial services clients, including the identification of available exemptions, and assisting with CFTC and NFA registration and compliance.
• Representation of clients on cryptocurrency regulations and initiatives, including representation of a cryptocurrency association, various cryptocurrency funds, as well as creative blockchain and defi initiatives.
• Assisting investment management clients with registration and compliance of robo-advisers platforms and advisers, in connection with both securities and commodities-focused investments.
• Assisting investment firms and family offices with due diligence related to acquisitions, sales and mergers.
• Representation of institutional investors in analyzing investment opportunities into various types of alternative fund and other investment vehicles, as well as in negotiating side letters.
• Assisting investment management clients with SEC, CFTC, NFA and industry comment letters and requests for no action relief.
• Assisting investment management clients with SEC, CFTC and NFA examinations and investigations, as well as investor complaints and litigation.

AWARDS AND RECOGNITION

• The Leaders Global,”The 10 Highly Recommended Lawyers to Watch in 2024″
• Top Rated Attorney in Illinois
• Super Lawyers (Thomson Reuters Corporation)
• Women We Admire, “50 Women Leaders of Law”