A bond counsel is a legal expert who ensures that municipal or corporate bonds comply with all applicable laws and regulations.
Their responsibilities include…
Legal Opinion on Bonds
- Provides a formal legal opinion on whether the bond is legally issued and enforceable.
- Ensures the bond meets all statutory and constitutional requirements.
Tax-Exempt Status
- Determines if the bond qualifies for tax-exempt status under federal and state laws.
- Advises on tax implications and compliance with IRS regulations to maintain exemption.
Regulatory Compliance
- Ensures the bond issuance follows Securities and Exchange Commission (SEC) rules, state laws, and other financial regulations.
- Advises issuers on legal risks and compliance measures.
Document Preparation
- Drafts key legal documents such as bond resolutions, trust indentures, and offering statements.
- Reviews disclosure documents to ensure accuracy and transparency for investors.
Role in Public vs. Private Bonds
- For municipal bonds, bond counsel ensures compliance with public finance laws and local government regulations.
- For corporate bonds, they assist companies in structuring bond deals that comply with corporate finance laws.