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Dechert LLP

4675 MACARTHUR COURT, SUITE 1400, NEWPORT BEACH, CA 92660 8842, USA
Tel:
Work +1 949 442 6000
Fax:
Fax +1 949 442 6010
Web:
www.dechert.com

Timothy Spangler

Tel:
Work +1 949 442 6044
Email:
Dechert LLP

Work Department

Financial Services and Investment Management

Career

Timothy Spangler focuses his practice on the formation, structuring and negotiation of investment vehicles across numerous jurisdictions both domestic and international. Mr. Spangler counsels advisers, investors, managers and promoters on a wide range of matters relating to the development and launch of new funds of funds, hedge funds, private equity funds and venture capital funds.

Member

Private Investment Fund Committee, Association of the Bar of the City of New York

Education

University of California, Los Angeles, B.S., Applied Mathematics; Vanderbilt University, J.D.; London School of Economics and Political Science, Ph.D., Law


United States: Investment fund formation and management

Alternative/hedge funds

Within: Alternative/hedge funds

Dechert LLP's 'responsive and knowledgeable' team advises a range of leading managers across the spectrum of fund formation and regulatory issues, and is particularly strong in cross-border work. Practice head David A Vaughan operates from both the New York and Washington DC offices; New York-based Matthew Kerfoot is well versed in assisting clients with financing mandates. Timothy Spangler, who is based in the Orange County office, has expertise in cryptocurrency-related funds work. Timothy Clark is another key name in the New York office.

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  • CommuniquĂ© on Equity Crowdfunding Is Officially Published

    By way of background, in January 2019, the Capital Markets Board (“ CMB ”) had issued an announcement on its website on the Draft CommuniquĂ© on Equity Crowdfunding [1] . The CMB has now officially published the CommuniquĂ© on Crowdfunding No. III-35/A (“ CommuniquĂ© ”), on October 3, 2019. The CommuniquĂ© entered into force as of October 3, 2019.
  • Beneficial Ownership Concept new interpretation from the Russian federal tax service

    The recent interpretative letter issued by the Russian Federal Tax Services (“FTS”) on 08th August 2019, has provided further guidance as to the application of the Beneficial Ownership Concept, further to the letter initially provided on the 12th of April 2018 which adopted a strict approach of the concept. 
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    The judgment of the Court of Justice of the European Union (CJEU) on February 26, 2019, in the “Danish Beneficial Ownership Cases”, can be perceived as a landmark on the interpretation of the Beneficial Ownership concept under the Interest and Royalties Directive (IRD) and the Parent-Subsidiary Directive (PSD).
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    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
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    In the recent case of  ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan   [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess  Surinder Singh  cases that appear before them.
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    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  
  • Can Sole Representatives Be Shareholders?

    The Immigration Rules require that an applicant for a  sole representative visa  is not “a  majority shareholder in the overseas business”.