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429 results found

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  • Article

    AML Update: SEC And FinCEN Propose Anti-Money Laundering And Customer Identification Programs For Investment Advisers

    On 13 May 2024, the Securities and Exchange Commission (SEC) and the US Department of Treasury's (DoT) Financial Crimes Enforcement Network (FinCEN) jointly proposed rulemaking...
    United StatesWealth Management
    K&L Gates
    K&L Gates
  • Article

    Payment-In-Kind Interest In Fund Finance Transactions

    Payment-in-kind (PIK) interest allows fund borrowers to defer cash interest payments by converting them into additional principal obligations, offering a powerful liquidity management tool for private equity and real estate investment funds. This analysis examines the strategic considerations, tax implications, and regulatory guardrails that both borrowers and lenders must evaluate when implementing PIK interest provisions in subscription and NAV facilities. From leverage covenant compliance to interest rat
    United States
Finance and Banking
Mayer Brown
Mayer Brown
  • Article

    Debt Download - March 2025

    The broadly syndicated loan (BSL) market continued to show signs of weakness in the first half of March, with $11.7 billion of new supply net of associated repayments through March 14, about $1 billion short of demand.
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Subscription Finance: Cascading Pledges

    Cascading pledges are frequently used in subscription finance to avoid legal impediments, avoid tax implications and mitigate prohibited transaction risk under the Employee Retirement Income Security Act of 1974...
    United StatesFinance and Banking
    Mayer Brown
    Mayer Brown
  • Article

    Silicon Valley Bank Closure Updates

    In a press release published on Friday, March 10, 2023,[1] the Federal Deposit Insurance Corporation (FDIC) announced that the California Department of Financial Protection and Innovation...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    What DORA Means For Fund Managers

    "DORA" stands for the Digital Operational Resilience Act, an EU regulation that creates a new framework for the EU financial sector with regard to information and communications technology (ICT).
    European UnionFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Participations In The Fund Finance Market

    Participations are increasingly being utilized in the finance industry, serving as a mechanism for lenders to manage credit exposure, diversify loan portfolios, optimize capital utilization, and distribute risk among multiple parties.
    United StatesFinance and Banking
    Mayer Brown
    Mayer Brown
  • Article

    Fee-Based Annuities: A Potential Insurance Trap For The Unwary Financial Planner

    Sales of fee-based annuities have soared in recent years. However, the financial planners and investment advisers that use them with clients may be unknowingly exposing themselves...
    United StatesCorporate/Commercial Law
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    Preference Given: Preferred Equity's Growing Reach Across Structured Finance

    Preferred equity is transforming structured finance by enabling sponsors to attract third-party capital below rated debt without diluting residual positions or triggering additional rating requirements. This analysis examines how CFOs, CLOs, NAV facilities, and other securitization vehicles are deploying bespoke preferred structures to widen investor pools while preserving manager incentives. What contractual mechanics, legal considerations, and market dynamics are driving this shift from niche accommodatio
    United StatesFinance and Banking
    Dechert
    Dechert
  • Article

    Private Credit 2026 Private Credit In Fund Finance: From Customer To Colleague

    Banks pioneered the fund finance market – private credit will be an integral part of its growth going forward. Private credit funds and their sponsors have gained significance in fund finance...
    United StatesFinance and Banking
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    Subscription Credit Facilities: Considerations For Addressing Recallable Capital

    Recallable capital has become an increasingly common concept in subscription credit facilities. In this Legal Update, we explain the concept of recallable capital and its role in subscription credit facilities...
    United StatesFinance and Banking
    Mayer Brown
    Mayer Brown
  • Article

    Banking Sector Alert

    This past weekend saw the sudden closure of two banking institutions, resulting in the largest institutional failure since the financial crisis of 2008.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Shipman & Goodwin LLP
    Shipman & Goodwin LLP
  • Article

    Credit Documentation In Conflict – MAC Clauses And Drawstop Rights In The GCC Loan Market

    The escalation of hostilities following US-Israeli strikes on Iran on 28 February 2026 and subsequent Iranian retaliation across the GCC is forcing lenders and borrowers to reassess the operation of their finance documentation.
    GlobalFinance and Banking
    Squire Patton Boggs LLP
    Squire Patton Boggs LLP
  • Article

    SBA New Final Rule Establishes Accrual SBIC License And Implements Significant Changes To SBIC Regulations

    The Small Business Administration (the "SBA") published a final rule on July 18, 2023, implementing significant changes to reduce barriers to program participation...
    United StatesFinance and Banking
    Polsinelli PC
    Polsinelli PC
  • Article

    FinCEN Adopts Final AML Program Rule For Investment Advisers

    The U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) adopted a final rule (the Final Rule) on August 28 that will treat certain investment advisers and exempt reporting advisers...
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Article

    Rated Note Fund Market Update 2026: "Not Throwing Away Their Shot"

    The rated note fund market has experienced explosive growth, with 2025 issuance volumes reaching all-time records as insurance companies and regulated investors seek capital-efficient exposure to private credit strategies. This comprehensive analysis examines how RNFs elegantly solve regulatory capital challenges by converting LP equity interests into rated debt instruments, the structural mechanics of vertical versus horizontal capital structures, and the evolving regulatory landscape including NAIC's prin
    United StatesFinance and Banking
    Dechert
    Dechert
  • Article

    House Releases FY 2024 Community Project Funding Guidance

    House Appropriations Committee Chairwoman Kay Granger (R-Texas) on Feb. 28, 2023, released the fiscal year (FY) 2024 guidance for Community Project Funding (CPF)...
    United StatesFinance and Banking
    Holland & Knight
    Holland & Knight
  • Article

    The SEC's New Private Fund Adviser Rules: A Guide To Compliance

    On 23 August 2023, the US Securities and Exchange Commission (the SEC) adopted a new set of private fund adviser rules (each a Rule and, collectively, the Rules, and the related release, the Adopting Release)...
    United StatesFinance and Banking
    K&L Gates
    K&L Gates
  • Article

    Women Leaders In Fund Finance Share The Keys To Success

    At the beginning of the year, everyone's LinkedIn newsfeed was flooded with alerts about members of their network updating their profiles with new titles following end-of-year promotions.
    United StatesFinance and Banking
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    FAQ About The Silicon Valley Bank Situation In The US

    The California Department of Financial Protection and Innovation took possession of SVB on Friday morning, March 10, 2023, and appointed the Federal Deposit Insurance Corporation...
    United StatesFinance and Banking
    Goodwin Procter LLP
    Goodwin Procter LLP
  • Showing 381–400 of 429 results

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