Code of Conduct

Atlantic-Pacific Capital is committed to the highest standards of professional conduct and compliance with securities regulation. Atlantic-Pacific operates with strict adherence to the:

  • United States financial services regulatory environment, as framed by the Securities Act of 1933, Securities Exchange Act of 1934, Investment Company Act of 1940, Securities Investor Protection Act of 1970 and the Dodd-Frank Wall Street Reform and Consumer Protection Act
  • United Kingdom financial services regulatory environment, as framed by the Financial Services and Markets Act 2000
  • Hong Kong financial services regulatory environment, as framed by the Securities and Futures Ordinance of 2003
  • EVCA Placement Agents Supplementary Code of Conduct (October 2009)

Business Overview

The primary business of Atlantic-Pacific is acting as placement agent and advisor for alternative asset fund managers in the global institutional investor marketplace. In its capacity as placement agent and advisor, Atlantic-Pacific advises fund managers on how to develop private equity fund offerings for institutional investors, coordinates the global capital raising process for offerings, introduces prospective investors to its fund manager clients and interacts directly with potential investors on behalf of the fund manager clients.

Atlantic-Pacific accepts the role of placement agent and advisor only for fund managers that have an exceptional offering and commitment to investors. In view of that, Atlantic-Pacific performs a rigorous due diligence process before agreeing to proceed as exclusive placement agent and advisor for a fund manager.

In the conduct of its business, Atlantic-Pacific will not make or offer to make any payment or other consideration with a view to inducing a third party to enter into negotiations with a fund manager client.

Conduct of Business

Atlantic-Pacific enters into a written engagement letter with each of its fund manager clients. These agreements include the scope of work to be undertaken by Atlantic-Pacific, the term of the engagement, the fee and expense reimbursement arrangements for that work, and confirmation that Atlantic-Pacific will adhere to all applicable securities regulations.

Atlantic-Pacific maintains records of the work undertaken for clients for a minimum period of seven years.

Atlantic-Pacific provides general advice only. While Atlantic-Pacific endorses investment offerings, it expects investors to conduct their own due diligence before investing. When arranging a meeting with investors and presenting a client's fund offering for the first time, the firm provides advice that is general in nature and does not take their individual circumstances into account.

Atlantic-Pacific seeks capital from institutional and high net worth investors only. In the United States, Atlantic-Pacific approaches only investors which are classified as accredited investors by Regulation D of the Securities Act of 1933 or qualified purchasers by the Investment Company Act of 1940. In the United Kingdom and Hong Kong, Atlantic-Pacific approaches only investors which are classified as professional investors by the Financial Services and Markets Act 2000 and Securities and Futures Ordinance of 2003, respectively. In other countries, Atlantic-Pacific abides by similar laws and approaches only qualified institutional investors.

Atlantic-Pacific maintains professional relationships with a significant number of institutional investors. Atlantic-Pacific is typically retained to raise capital from all or a significant sub-set of such investors.

Regulation and Authority

Atlantic-Pacific Capital, Inc. was incorporated in the state of Delaware on February 9, 1995 and is headquartered in Greenwich, Connecticut (102 Greenwich Avenue, 2nd Floor, Greenwich, CT 06830). There are seven additional offices in New York City, Chicago, San Francisco, San Clemente, Nashville, London and Hong Kong.

Atlantic-Pacific has been registered as a broker-dealer with the United States Securities and Exchange Commission ("SEC") since October 25, 1995 (Registration # 8-48198) and as a municipal advisor since September 29, 2010 (Registration # 867-00951-00). Atlantic-Pacific is also registered with a self-regulatory organization, the Financial Industry Regulatory Authority ("FINRA") (Central Registration Depository # 38356), 51 U.S. states and territories as well as the Municipal Securities Rulemaking Board (Registration # K0179). Atlantic-Pacific is also a member of the Securities Investor Protection Corporation.

In addition, Atlantic-Pacific's wholly-owned United Kingdom subsidiary, Atlantic-Pacific Capital Limited, is registered with the Financial Conduct Authority ("FCA") (Firm Reference # 189147) and Atlantic-Pacific's wholly-owned Hong Kong subsidiary, Atlantic Pacific Capital Asia Limited, is registered with the Securities and Futures Commission ("SFC") (Central Entity # ARN800).

The licenses held by Atlantic-Pacific's registered representatives include: the FINRA Series 7, 24, 27, 39, 55, 63 and 99 in the United States; FCA Controlled Functions 1, 10, 11, 28 and 30 in the United Kingdom; and, SFC Papers 1 and 2 in Hong Kong. The FINRA licenses qualify representatives for the solicitation, purchase and/or sale of securities products, the FCA licenses qualify representatives to provide general investment advice to professional investors, and the SFC licenses qualify representatives to deal in securities and provide services to professional investors.

Atlantic-Pacific operates within an established compliance framework, which is documented in a set of organizational policies and procedures manuals. Through this compliance framework, Atlantic-Pacific manages and monitors its authorizations, capabilities and the activities of registered representatives. In addition to its internal compliance function, Atlantic-Pacific also retains the services of external compliance specialists and regulatory counsel to monitor and review its policies and procedures.