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Anti-Fraud, Compliance, and Regulatory Obligations

13 minPRO
4/6

Key Takeaways

  • Anti-fraud rules (Rule 10b-5) prohibit material misrepresentation; violations carry civil and criminal penalties.
  • State blue sky notice filings are required within 15-30 days of the first sale to each state's resident.
  • Sponsors owe fiduciary duties of loyalty, care, and good faith to investors.
  • Best practices: separate bank accounts per syndication, full conflict disclosure, and documented decision-making.
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Test Your Knowledge

1.What is the anti-fraud provision most relevant to syndication sponsors?

2.What fiduciary duty does a general partner owe to limited partners?

3.What triggers anti-fraud liability for a syndication sponsor?