This sounds like the sort of disincentive (after the units are sold and the horse has left the barn) that a good lawyer can easily prevent. Just like movies & funds can make/lose money that can't be clawed back, you just build an investment that pays out on sale to be nonexistent/bankrupt when fined.

Are there regulatory ways around this? Of course, but they are complex, restrict the market in other ways, and lead to different distortions.