MFDF Releases Part 3 in 15(c) White Paper Series

MFDF, in coordination with Morgan Lewis, has released Part 3 of its 15(c) White Paper regarding Board Oversight of Advisory Agreement Renewals, entitled Gartenberg Factors Analysis and Board Considerations.  

The MFDF 15(c) White Paper is intended to serve as a reference regarding the advisory agreement renewal process and relevant enforcement actions, as well as a resource of possible approaches to 15(c) board processes and avenues directors may consider when analyzing complex or challenging facts and circumstances in their review.  Part 3 of the 15(c) White Paper provides guidance to independent directors to help equip them to navigate the challenges relating to Gartenberg factors analysis during the 15(c) process, including sticky issues relating to performance, services, profitability, fees, economies of scale, fall-out benefits and independent director conscientiousness.

MFDF’s 15(c) White Paper is being issued successively in the following four parts:

Part 1: Regulatory Requirements and Judicial Caselaw
Part 2: Board Processes
Part 3: Gartenberg Factor Analysis and Board Considerations
Part 4: Enforcement Action Takeaways

Click here to read Part 3 of the 15(c) White Paper.
Click here to watch the 15(c) Part 3 webinar.