News & Analysis as of

Segregated Funds

Woods Rogers

Following the Government’s Playbook: Tax Incentives for CRE Investments 

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Investing in commercial real estate can offer various tax incentives that can help investors reduce their tax liability and enhance the overall profitability of their investments. Below is a non-exhaustive summary of key tax...more

Stikeman Elliott LLP

Enhanced Total Cost Reporting for Investment Funds and Segregated Funds Coming in 2026

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The Canadian Securities Administrators (“CSA”) and the Canadian Council of Insurance Regulators (“CCIR”) have published enhanced cost disclosure reporting requirements for investment funds, excluding private funds and...more

Wiley Rein LLP

Lawyers Professional Liability Policy Does Not Cover Non-Insured Construction Management Company; Insurer Justified in Requesting...

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A New York federal court, applying New York law, has held that a lawyers professional liability policy does not provide coverage to a construction management company not named as an “insured” in the policy and that did not...more

Conyers

BVI Hybrid Funds

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In this series of articles we consider two of the more common requests we see in terms of fund structuring options: Multi-Class Funds, and Hybrid Funds. This second article in the series will consider Hybrid Funds....more

Conyers

BVI Multi-Class Funds

Conyers on

In this series of articles we consider two of the more common requests we see in terms of fund structuring options: Multi-Class Funds, and Hybrid Funds. This first article in the series will consider Multi-Class Funds. Hybrid...more

Conyers

Innovation and Evolution

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The Bermuda Monetary Authority (BMA) has moved to place emphasis on innovation, with legislation being introduced to promote innovation across the insurance sector. In mid-2018, changes to the Insurance Act 1978...more

Foley Hoag LLP

Public Health and Social Services Emergency Fund

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So you’ve retained funds provided under the Public Health and Social Services Emergency Fund in the CARES Act. What next? We’ve compiled a checklist to maintain your compliance with the program’s conditions and reduce the...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Former NJ Senator and Governor Jon Corzine has reached a $5 million settlement with regulators over the collapse of his MF Global firm, which filed bankruptcy in 2011 and lost more than $1 billion in customer investments....more

Stinson - Corporate & Securities Law Blog

Corzine Settles CFTC’s MF Global Charges for $5 Million

The U.S. Commodity Futures Trading Commission has obtained a federal court Consent Order against Defendant Jon S. Corzine, former CEO of MF Global Inc., requiring him to pay a $5 million civil monetary penalty for his role in...more

Stinson LLP

Raise Your Hand if You Are Contributing—FEC Dismissal of Charges Offers Insight about Coercing Contributions to Your PAC

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As we approach the November elections, it may be time to replenish your corporate PAC, also known as your Separately Segregated Fund (SSF). In early June, the Chairman and two commissioners of the Federal Election Commission...more

Katten Muchin Rosenman LLP

Bridging the Week - May 2016 #3

Controller of FCM Named in CFTC Complaint, Along with Firm, for Failure to Timely Notify Commission of Segregation Breach: Cunningham Commodities, LLC, a futures commission merchant registered with the Commodity Futures...more

Katten Muchin Rosenman LLP

CFTC Proposes to Revise Residual Interest Deadline for FCMs

In 2013, the Commodity Futures Trading Commission amended CFTC Regulation 1.22 to require a futures commission merchant (FCM) to maintain its own funds (i.e., residual interest) in customer segregated accounts in an amount...more

Eversheds Sutherland (US) LLP

CFTC Clarifies Dealer Requirement to Notify Customers of Right to Segregation of Initial Margin for Uncleared Swaps

On October 31, the Division of Swap Dealer and Intermediary Oversight (Division) of the Commodity Futures Trading Commission (CFTC) issued a staff interpretation regarding the notification of the right to segregation of...more

Katten Muchin Rosenman LLP

NFA Issues a Notice Regarding Segregated Account Balance Reporting

On June 19, the National Futures Association (NFA) issued a notice to its members regarding the implementation of the second phase of the segregated account balance reporting requirements under Section 4 of the NFA’s...more

Katten Muchin Rosenman LLP

NFA Sets Implementation Deadline for Phase 1 of Customer Segregated Funds Reporting

The National Futures Association (NFA) recently amended Section 4 of its Financial Requirements to require futures commission merchants (FCMs) that hold customer funds to in turn require banks and trust companies holding such...more

Katten Muchin Rosenman LLP

Corporate and Financial Weekly Digest - February 1, 2013

In this issue: - SEC Extends Expiration Date for Interim Final Rules Providing Exemptions for Security-Based Swaps - NFA Sets Implementation Deadline for Phase 1 of Customer Segregated Funds Reporting - CFTC to...more

Katten Muchin Rosenman LLP

CFTC Proposes Rules to Enhance Protections for Customer Funds

The Commodity Futures Trading Commission published proposed rules that are designed to increase protections for customers and customer funds held by futures commission merchants (FCMs) and derivatives clearing organizations...more

Winstead PC

Court Ruled For Bank That Forwarded Funds Sought In Seizure By DA's Office

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In Miaoulis v. AmegyBank, the Houston First Court of Appeals held that two banks forwarding of funds to a district attorney’s office and their refusal to segregate funds under 59.12 of the Texas Code of Criminal Procedure did...more

Eversheds Sutherland (US) LLP

CFTC Affords Relief and Guidance in Light of Final Swap Definition’s Effective Date

On October 12, 2012, the Commodity Futures Trading Commission’s (CFTC) and Securities and Exchange Commission’s (SEC) final rules to further define the term “swap” (among other terms) became effective. The effective date of...more

Orrick - Finance 20/20

CFTC Guidance on Segregated and Secured Funds

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On October 4, the CFTC released guidance to registered futures commissions merchants (FCMs) which identifies a situation whereby FCMs may be inappropriately utilizing an omnibus account with their clearing FCM in which they...more

Katten Muchin Rosenman LLP

CFTC Issues Guidance on Segregated and Secured Funds Maintained in a Combined Omnibus Account

The Commodity Futures Trading Commission’s (CFTC) Division of Swap Dealer and Intermediary Oversight has issued guidance clarifying that futures commission merchants (FCMs) may not maintain customer segregated funds (i.e.,...more

Katten Muchin Rosenman LLP

CFTC Seeks Comments on ICE Clear Europe Petition

On September 11, the CFTC requested public comment on a petition submitted by ICE Clear Europe Limited (ICE Clear Europe). ICE Clear Europe, which is registered with the CFTC as a derivatives clearing organization and with...more

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