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As trusts and estates advisors, we often counsel our high-net-worth (HNW) clients in connection with wealth transfers of their interests in various types of entities. In Part I of this series,1 we discussed the U.S. securities law considerations for trusts and estates advisors in connection with common estate-planning vehicles investing in private investment funds. In addition, trusts and estates advisors should be aware of potential reporting and short-swing profit rules applicable to transactions involving interests in publicly traded companies, for clients who are considered “insiders” under Section 16 of the Securities Exchange Act of 1934 (the Exchange Act).
Specifically, if a client owns a significant interest in, or serves as a d...
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