Recent Publications

SEC Lifts the General Solicitation Ban in Certain Private Offerings: Key Considerations for Private Fund Managers

On July 10, 2013, the United States Securities and Exchange Commission (the “SEC”) adopted amendments to Rule 506 of Regulation D under the Securities Act of 1933, as amended, that will lift the ban on general solicitation for certain private offerings, including offerings of private fund interests (“New Rule 506(c)”).  >>



Evan Hall

Associate

Dallas


2323 Victory Avenue
Suite 700
Dallas, 75219
T +1 214.651.5831
F +1 214.200.0456

Áreas de Practica

Educación

  • J.D., Baylor University School of Law, 2007, magna cum laude, 2007; Articles Editor, Baylor Law Review
  • B.A., Political Science, Baylor University, 2004, magna cum laude, Bob Bullock Scholar

Bar Admissions

  • Texas, 2007
Evan Hall

Evan Hall is an associate in the Investment Fund Practice Group of Haynes and Boone, LLP. His practice focuses on corporate and securities matters, with a concentration on the formation, organization and operation of investment funds, investment advisers, commodity pool operators and commodity trading advisors. He regularly counsels clients on the formation and organization of investment funds, securities and other regulatory filings, investment adviser and commodity pool operator registration and ongoing compliance with federal and state laws applicable to investment funds, investment advisers and commodity pools. In addition, Evan also focuses on broker-dealer regulation, mergers and acquisitions and general corporate governance.

Evan has represented clients in various matters, including:

  • formation, organization and operation of hedge funds, private equity funds, commodity pools, other private investment funds, investment advisers, commodity pool operators and commodity trading advisors;

  • registration of investment advisers with the SEC and the Texas State Securities Board;

  • registration of commodity pool operators and commodity trading advisors with the CFTC and NFA;

  • preparation of securities and commodities filings with the SEC, CFTC and NFA, including Schedule 13G, Schedule 13D, Form 13F, Forms 3, 4 and 5 and Form ADV; and

  • compliance with federal and state laws applicable to private investment funds, commodity pools and investment advisers.

Recent Publications

  • "Texas Two Step: The Texas Legislature’s Mid-Decennial Redistricting Plan of 2003, League of United Latin American Citizens v. Perry, and Their Impact on the Future of the Political Gerrymander," 59 BAYLOR. L. REV. 485, (Spring 2007).

Memberships

  • State Bar of Texas
  • Business Law Section of the American Bar Association
  • Dallas Bar Association



Online Publications

07/16/2013 - SEC Lifts the General Solicitation Ban in Certain Private Offerings: Key Considerations for Private Fund Managers
On July 10, 2013, the United States Securities and Exchange Commission (the “SEC”) adopted amendments to Rule 506 of Regulation D under the Securities Act of 1933, as amended, that will lift the ban on general solicitation for certain private offerings, including offerings of private fund interests (“New Rule 506(c)”). 

06/13/2012 - SEC Announces Examination Strategy for Newly-Registered Investment Advisers
In recent public speeches and correspondence, senior officials at the Securities and Exchange Commission (the “SEC”) have provided details regarding an examination strategy that will be applied to newly-registered investment advisers.

11/15/2011 - SEC and CFTC Jointly Adopt Form PF
The Securities and Exchange Commission (the “SEC”) and the Commodity Futures Trading Commission (the “CFTC”) recently adopted new rules (the “Rules”) under the Investment Advisers Act of 1940 (the “Advisers Act”), and the Commodity Exchange Act (the “CEA”) that will require registered investment advisers with at least $150 million in private fund assets under management to file Form PF with the SEC.

09/01/2011 - Adjustments to Qualified Client Standard
Pursuant to an order recently issued by the Securities and Exchange Commission (the “SEC”), the dollar amount thresholds in the definition of “qualified client” under Rule 205-3 under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), are set to increase effective as of September 19, 2011.

07/21/2011 - SEC Adopts Exemptions from Investment Adviser Registration
On June 22, 2011, the Securities and Exchange Commission (the “SEC”) adopted final rules implementing new exemptions from registration as an investment adviser under the Investment Advisers Act of 1940, as amended (the “Advisers Act”).

07/14/2011 - SEC Adopts Final Rules Implementing Amendments to the Advisers Act
On June 22, 2011, the Securities and Exchange Commission (the “SEC”) adopted final rules and amendments under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), designed to implement various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).

07/07/2011 - SEC Adopts Definition of Family Office
On June 22, 2011, the Securities and Exchange Commission (“SEC”) adopted a final rule defining “family offices” that will be excluded from the definition of “investment adviser” under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), and thus exempt from registration.

06/23/2011 - SEC Extends Investment Adviser Registration Deadline and Adopts Final Rules
On June 22, 2011, the Securities and Exchange Commission (the “SEC”) adopted final rules and amendments under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that are designed to implement various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).

06/20/2011 - SEC Proposes Adjustments to Qualified Client Standard
On May 10, 2011, the Securities and Exchange Commission (the “SEC”) proposed amendments to Rule 205-3 under the Investment Advisers Act of 1940.

04/12/2011 - SEC to Consider Extension of Registration Deadlines Applicable to Investment Advisers
In a letter dated April 8, 2011, to the President of the North American Securities Administrators Association (“NASAA”), Robert Plaze, Associate Director of the Division of Investment Management of the Securities and Exchange Commission (the “SEC”), stated that the SEC is expecting to adopt final rules implementing various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) applicable to investment advisers by July 21, 2011.

02/24/2011 - SEC Proposes Private Fund Systemic Risk Reporting on New Form PF
On January 25, 2011, the Securities and Exchange Commission (the “SEC”) proposed new Rule 204(b)-1 (the “Proposed Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that would implement various provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).

02/02/2011 - New FINRA Rule 5131 to Address Abuses in the Allocation and Distribution of IPOs
On November 29, 2010, the Financial Industry Regulatory Authority, Inc. (“FINRA”) announced that FINRA Rule 5131 will take effect on May 27, 2011. FINRA Rule 5131 is intended to sustain public confidence in the initial public offering (“IPO”) process by regulating the allocation, pricing and trading of IPOs of equity securities (“New Issues”).

01/27/2011 - Exemptions From Investment Adviser Registration: The SEC’s Proposed New Rules
Effective as of July 21, 2011, the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) repeals a key exemption from investment adviser registration currently relied upon by many private fund managers and replaces it with several much more limited exemptions from registration.

12/28/2010 - SEC Proposes New Disclosure and Reporting Requirements for Investment Advisers
On November 19, 2010, the Securities and Exchange Commission (the “SEC”) proposed new rules and amendments to existing rules and Form ADV under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that would implement various amendments to the Advisers Act contained as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”).

10/21/2010 - SEC Proposes Definition of “Family Office”
As part of the ongoing rulemaking initiatives contemplated by the Dodd-Frank Act, the Securities and Exchange Commission recently released a proposed rule defining “family offices” for purposes of an exemption from registration under the Investment Advisers Act of 1940.

07/23/2010 - Significant New Registration, Reporting and Regulatory Requirements Imposed on Advisers to Private Funds
On July 21, 2010, President Obama officially signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”), which represents the most sweeping regulatory overhaul of the financial markets since the Great Depression. This alert addresses Title IV of the Act, codified as the Private Fund Investment Advisers Registration Act of 2010 (the “Registration Act”).

07/02/2010 - SEC Adopts Pay-to-Play Rules
On June 30, 2010, the Securities and Exchange Commission (the “SEC”) formally adopted Rule 206(4)-5 (the “Pay-to-Play Rule”) under the Investment Advisers Act of 1940, as amended (the “Act”).

02/04/2009 - Electronic Filing of Form D
Beginning on March 16, 2009, any investment fund that conducts a securities offering without registration under the Securities Act of 1933, as amended (the “Securities Act”), in reliance on an exemption provided in Regulation D, will be required to electronically file a Form D notice with the Securities and Exchange Commission (the “SEC”) and applicable states.

02/03/2009 - Legislation Requiring Investment Fund Registration Introduced in the U.S. Senate
On January 29, 2009, Senators Chuck Grassley (R-Iowa) and Carl Levin (D-Michigan) introduced the Hedge Fund Transparency Act of 2009 (the “Act”) in the United States Senate with the stated purpose of imposing more extensive regulatory oversight of hedge funds. However, the bill is not limited to hedge funds; it generally would apply to, and dramatically impact, all private funds (including private equity and venture capital funds) that rely on an exemption from registration under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act of 1940, as amended (the “Company Act”).1

03/18/2008 - SEC Adopts Electronic Filing and Revisions to Form D

02/18/2008 - Smaller Reporting Company Rules