Kyle Ahlgren

Kyle Ahlgren is Counsel in Simpson Thacher’s Registered Funds Practice, based in Washington, D.C. Leveraging nearly two decades of experience within the Chief Counsel’s Office of the SEC’s Division of Investment Management, Kyle advises funds, fund boards, and investment advisers on a broad spectrum of issues under the Investment Company Act and Investment Advisers Act. Kyle has deep experience across key SEC functions, including exemptive applications, interpretive guidance (formal and informal), disclosure review, examinations, and enforcement. As an acknowledged thought leader with respect to investment company status issues, Kyle advises clients on establishing and maintaining eligibility for ’40 Act status exemptions and exclusions and navigating status issues that arise in connection with corporate transactions and shifting business and regulatory conditions.

Notable experience prior to joining Simpson Thacher includes:

• Primary author and signatory on several pieces of Staff guidance (both no-action and interpretive) in areas ranging from investment company status, bank-sponsored collective investment trusts, insurance company separate accounts, anti-takeover defenses and shareholder activism, and liquidating trusts.
• Participating in the negotiation of the U.S.-ESMA bilaterial AIFMD MoU and frequently advised the Office of International Affairs on matters related to non-U.S. advisers and funds.
• Representing the SEC and its interests within multi-lateral bodies such as FSB and IOSCO.
• Holding both primary stewardship and supervisory roles with respect to the full range of applications under both the Investment Company Act and Investment Advisers Act, including Pay-to-Play, Co-Investment, Multi-Manager, Multi-Class, Section 3(b)(2), Employees’ Securities Companies, Affiliated Transactions, and ETFs.
• Advising SEC EXAMS and Enforcement staff with respect to all manner of potential violations under the Investment Company Act and Investment Advisers Act.
• Advising SEC Disclosure staff with respect to novel and/or complex issues surfaced through Investment Company Act filings.
• Participating in and helping to manage SEC IM staff review of ’33 Act and ’34 Act filings, with an emphasis on IPOs that implicate investment company status.

Kyle received his J.D. from the University of Virginia School of Law in 2002, his M.A. in American history from the University of California-Berkeley in 1998, and his B.A. with high honors from The College of William & Mary in 1997. Kyle is admitted to practice in New York and Washington, D.C.