Mary Joan Hoene

Mary Joan Hoene

Illustrative Matters

Led the legal and development work for the first exchange-traded gold fund, SPDR® Gold Trust; represented ETFs based on ADR indexes through product design, SEC registration, no action and exemptive relief and launch. Represented the American Stock Exchange in ETF new product development, SEC, corporate and listing matters, and in obtaining the necessary foreign regulatory approvals to list ETF shares overseas.
Led project to evaluate use of an institutional agency broker firm ETF portfolio transactions.
Representation of ETF Trustee and Custodian.
Investment Advisers and Private Fund Managers
General and corporate representation, SEC and state registration and compliance, SEC no action relief, SEC inspections, regulatory matters and litigations, E & O, D & O insurance claims, investment management and related agreements, compliance policies and procedures, ERISA, CFTC and NFA issues. Private fund formation; adviser registration of private fund managers.
Variable Annuities and Variable Life Securities Products
Managed the conversion of a family of insurance-wrapped mutual funds into a manager of managers insurance product, including SEC registration and necessary exemptive relief. Compliance and risk reviews of insurance company separate accounts, unit investment trust operations, and mutual funds. SEC registration and compliance. Distribution and state regulatory issues.
Closed End Funds
SEC registration, periodic reporting and corporate work; proxy fights, liquidation and deregistration, representation of independent directors.
Broker-dealer status issues. FINRA registration and compliance. Mutual fund and ETF distribution. Wrap fee programs. Represented major unit investment trust sponsor - UIT SEC registration, distribution, and compliance.
Mutual Funds and Independent Directors
SEC registration, SEC no action and exemptive relief, corporate, and administration related work. Fund mergers and liquidations. Representation of independent directors. Development and administration of fund compliance programs, including policies and procedures. Special review of a fund compliance program for a mutual fund board; mutual fund governance review projects; handled large insurance E & O, D & O financial institution claims. Assistance on investigations, litigations and regulatory matters.
Securities Law
Cross-Border offerings, disclosures, investment company status issues.


  • B.A., 1970 Seattle University (English)
  • J.D., 1975 University of Notre Dame School of Law

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