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Article
CFPB's Overreach: Applying Regulation E To Unhosted Wallets Is Legally And Technologically Unsound
The Consumer Financial Protection Bureau (CFPB) recently issued a proposed interpretive rule that aims to expand the scope of Electronic Fund Transfer Act (EFTA) and Regulation E to include unhosted blockchain.
United StatesFinance and Banking
Gesmer Updegrove LLP
Article
FinCEN Adopts New Anti-Money Laundering Program, Recordkeeping And Reporting Requirements For Certain Investment Advisers
On Sep. 4, 2024, FinCEN published a final rule (Final Rule) adding certain RIAs and ERAs (collectively, Covered Advisers) to the definition of "financial institution" under the regulations implementing the BSA...
United StatesFinance and Banking

Greenberg Traurig

Proskauer's Hedge Start: Key Hedge Fund Terms

One of the first decisions faced by a new hedge fund manager is what terms to offer. The key terms to consider are liquidity terms (the terms of permitted redemptions...

United StatesFinance and Banking

Proskauer Rose LLP

The Insider's Guide To Evergreen Funds

Lately, all eyes seem to be on evergreen funds. Among private credit funds, they have emerged as one of the hottest fund formats in recent years – but despite their growing popularity...

United StatesFinance and Banking

McDermott Will & Schulte

Sustainability-related Disclosures For All Funds Proposed By EU Platform On Sustainable Finance

On 17 December 2024, the EU Platform on Sustainable Finance (the "Platform"), an advisory body to the European Commission (the "Commission")...

European UnionFinance and Banking

Proskauer Rose LLP

Fund Finance: 2023 Reflections And Looking Ahead To 2024

Goodwin is proud to be a platinum sponsor of the 2024 Global Fund Finance Symposium.

United StatesFinance and Banking

Goodwin Procter LLP

The SEC's Private Fund Adviser Rules Explained — Part 3: Deciphering A Private Fund Manager's Fiduciary Duty

On August 23, 2023, the Securities and Exchange Commission (SEC) adopted new rules and amendments under the Investment Advisers Act of 1940, as amended (the Advisers Act)...

United StatesFinance and Banking

Lowenstein Sandler LLP

Morrison Foerster Banking Disruption Pulse Survey

In response to the recent collapse of several prominent banking institutions, Morrison Foerster conducted a brief poll to gauge how companies and their employees are faring in the wake of these historic events.

United StatesInsolvency/Bankruptcy/Re-Structuring

Morrison Foerster

A Split SEC Approves Long-Awaited New Rules For Private Fund Advisers That Are Less Burdensome Than Originally Proposed

The following is the first in a series of Alerts by Duane Morris on the August 23, 2023, approval by the U.S. Securities and Exchange Commission (SEC) of new rules applicable...

United StatesFinance and Banking

Duane Morris LLP

Fifth Circuit Vacates The Private Funds Rules And Constrains The SEC's Rulemaking Authority

Yesterday, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit vacated the "Private Funds Rules,"1 which the Securities and Exchange Commission (the "SEC") adopted on August 23, 2023.

United StatesFinance and Banking

Goodwin Procter LLP

Material Investment Management Developments And Template Annual Compliance Checklists For Registered Investment Advisers, Exempt Reporting Advisers, Commodity Pool Operators, Commodity Trading Advisors, And Private Fund Managers

In the past 2 years, the U.S. Securities and Exchange Commission ("SEC") (and other regulatory authorities) have been very busy with new rules, proposals...

United StatesFinance and Banking

Lowenstein Sandler LLP

ETF Share Class: ICI Highlights Key Operational Considerations

The Investment Company Institute recently published a white paper detailing operational, governance, and disclosure considerations for industry stakeholders in implementing a structure...

United StatesCorporate/Commercial Law

Criteria To Consider When Assessing Borrowing Base Credit For Participation Interests

Warehouse lenders face unique challenges when extending credit against participation interests in loan portfolios. Unlike direct loans, participations introduce legal uncertainties around transferability...

United StatesFinance and Banking

How The SEC's Proposed New Safeguarding Rule May Impact Private Fund Advisers

On February 15, 2023, the U.S. Securities and Exchange Commission ("SEC") issued a proposed rule (the "Proposal") under the Investment Advisers Act of 1940 (the "Advisers Act")...

United StatesFinance and Banking

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Optimal Efficiency

Private debt funds are gaining CRE market share via back leverage structures. Corinne Smith explores how these facilities can optimise risk, tax and regulatory treatment.

United StatesFinance and Banking

Hogan Lovells Cadwalader

Subscription Credit Facilities: The Importance Of An Investor's Agreement To Fund Without "Setoff, Counterclaim Or Defense"

Subscription credit facilities rely on the obligations of investors to a private investment fund ("Fund") to contribute their capital commitments to the Fund when called.

United StatesFinance and Banking

FFA European Fund Finance Symposium Review, Part 2

We reported in last week's edition of Fund Finance Friday on some of the significant themes and topics at the FFA 7th Annual European Fund Finance Symposium.

United StatesFinance and Banking

Hogan Lovells Cadwalader

Navigating The Impact Of The Trump Administration's Federal Funding Freeze

This bulletin discusses and advises about the recent flurry of activity from the Trump Administration directing a freeze on the expenditure of certain federal funds. We summarize the current status of the now.

United StatesGovernment, Public Sector

Benesch, Friedlander, Coplan & Aronoff LLP

SEC's Dealer Rule Vacated

On Nov. 21, 2024, Judge Reed O'Connor of the US District Court for the Northern District of Texas ("District Court") vacated recently adopted rules 3a5‑4 and 3a44‑2 (together, the "Dealer Rule")...

United StatesCorporate/Commercial Law

McDermott Will & Schulte

The Inevitable Rise Of NAV Financing (Podcast)

Fund sponsors are increasingly turning to NAV (net asset value) financing to meet a variety of needs and objectives. On this podcast, Ropes & Gray finance counsel Patricia...

United StatesFinance and Banking

Ropes & Gray LLP

Showing 341–360 of 428 results

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