Kyle Ahlgren Email & Phone Number

Investment Management lawyer with experience in both government and private practice. Currently Senior Counsel in the SEC's Division of Investment Management (Chief Counsel's Office). Responsibilities include, among other areas, no-action letters and other guidance, exemptive applications, IC status issues, and cross-border regulatory diplomacy/liaison. I have represented the SEC Staff within the Enlarged Contact Group of Technical Committee 5 of IOSCO, and I participated in the SEC/ESMA negotiation of the AIFMD MoU. Recent areas of focus include extraterritorial application of the fed. sec. laws, asset management-related GDPR issues, and the legal/regulatory status of crypto-assets. Authored No-Action Letters and other Public Guidance• John Hancock Stable Value Fund (Mar. 25, 2019); treatment of Puerto Rico retirement plans under ICA Section 3(c)(11).• Russell Investment Management, LLC (Dec. 16, 2016); use of affiliated brokers to effect Forex transactions under ICA Section 17(e) / Rule 17e-1.• Hannon Armstrong Sustainable Infrastructure Capital, Inc. (Sept. 29, 2016); investment company status under ICA Section 3(c)(5)(A)/(B) of renewable energy finance company.• North American Division of Seventh-Day Adventists (Oct. 6, 2015); acceptance by BCTs and insurance company separate accounts of church plan assets.• Jackson National Life (Jul. 9, 2015); share registration fees in multi-tier variable annuity structure.• Amerivest Investment Management, LLC (Aug. 18, 2014); limited relief from the Advisers Act’s performance fee ban for a fee rebate program.• Investment Company Institute (Sept. 12, 2011); recordkeeping accommodation under the Adviser’s Act pay-to-play rule.• Boulder Total Return Fund, Inc. (Nov. 15, 2010); state control share statutes and investment company shareholder suffrage.• Royalty Pharma (Aug. 13, 2010); IC status issues relating to company that purchases income streams tied to pharmaceutical patents.• Accor Services (Jun. 7, 2010); IC status issues relating to capital preservation investments of European company with large, organically accumulated cash holdings.• Sisters of Mercy of the Americas, Inc. (Oct. 1, 2009); charitable organization exception to registration requirements.• Berthel Growth & Income Trust (May 5, 2009); 1934 Act reporting by liquidating entity. I have handled exemptive applications in the following areas: Advisers Act Pay-to-Play; Co-Investment; Employees’ Securities Companies; Exchange-Traded Funds; Multi-Class; Multi-Manager (Voting & Disclosure); Section 9(c) Ineligibility.