Anthony C.J. Nuland is Senior Counsel in Seward & Kissel’s Investment Management Group, and is located in Seward & Kissel’s Washington D.C. office. Tony joined Seward & Kissel in 1968 and became a partner in 1977.
From 1973 to 1977, Tony was a member of the staff of the Securities and Exchange Commission serving successively as special counsel, assistant director and associate director in the Division of Market Regulation and as the first head of its Office of Securities Processing Regulation. While with the Commission, Tony was the staff member primarily responsible for formulating and implementing programs to establish a national clearance and settlement system.
Tony’s practice focuses primarily in the areas of securities, mutual funds and banking law. He has worked extensively on the full range of matters affecting mutual funds, issues involving domestic and foreign custody arrangements and issues under the Uniform Commercial Code involving investment securities and pledges of investment securities and other financial assets. His clients include mutual funds, mutual fund investment advisers, disinterested directors of mutual funds, banks, broker-dealers and transfer agents. Tony has advised broker-dealers on brokering deposit products and deposit account sweep products, banks on developing and providing custody services and mutual funds and other financial institutions on using domestic and foreign custody services. In addition, he acted as consultant to the International Bank for Reconstruction and Development (the “World Bank”) in connection with the establishment of mutual funds in the Russian Federation and with the implementation of new clearing and settlement systems in India and as consultant to the Inter-American Investment Corporation in connection with reforms to the Chilean pension laws.
Tony’s practice before the Securities and Exchange Commission has included advising and representing mutual fund clients in connection with private orders of investigation dealing with such matters as personal trading by portfolio managers, unregistered public offerings of securities, loss of record keeping control by the fund’s transfer agent, violations of Investment Company Act record-keeping requirements, purchases of ineligible securities by money market funds. In addition, he has advised the disinterested directors of a mutual fund family in connection with investigations relating to record-keeping violations and failures by fund access persons to comply with code of ethics requirements regarding personal trading. He has also advised and represented transfer agents on contractual and regulatory matters and advised and represented clearing agency and securities depository participants in their dealings with those entities.
Tony serves on the American Bar Association’s committees on the Uniform Commercial Code and on the Federal Regulation of Securities.