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Election season brings political contribution rule to forefront for investment advisers

It’s election season in America – and for investment advisers (registered or exempt), that means a renewed focus on Rule 206(4)-5, the political contributions rule, commonly known as the “pay-to-play rule.”...more

SBIC Program Updates: SBA Proposes Technical Amendments to 2023 Reforms and Significant Change to Passive Business Rule

In July 2023, the U.S. Small Business Administration (SBA) released sweeping reforms to the Small Business Investment Company (SBIC) program. Many of those reforms were enacted through the Small Business Investment Company...more

SEC adopts final rule implementing private fund reforms

The U.S. Securities and Exchange Commission (SEC) adopted final private fund rules under the U.S. Investment Advisers Act of 1940 (the Advisers Act) on August 23, 2023. Although the final rules are significantly less onerous...more

SEC proposes new regulation to address AI conflicts concerns

The U.S. Securities and Exchange Commission (the SEC) proposed new rules for broker-dealers and registered investment advisers (RIAs) on Wednesday, July 26, 2023 that are intended to address potential conflicts of interest...more

SBA finalizes significant reforms to SBIC program - Changes introduce new Accrual SBIC for equity investors and a Reinvestor SBIC...

The U.S. Small Business Administration (SBA) finalized wide-ranging revisions to the regulations governing the small business investment company (SBIC) program on Thursday, July 13, 2023. Among other things, the changes...more

SEC adopts overhaul to Form PF, requiring more frequent reporting for some advisers

The U.S. Securities and Exchange Commission (SEC) adopted final amendments to Form PF, the confidential reporting form required for certain SEC-registered investment advisers (RIAs) to private funds, on 3 May 2023. The...more

ILPA releases considerations for continuation fund transactions

The Institutional Limited Partners Association (ILPA) released considerations for both limited partners (LPs) and general partners (GPs) in respect of continuation fund transactions, including GP-led secondaries, in May 2023....more

Silicon Valley Bank (SVB) and Signature Bank Collapses: Your legal and regulatory FAQs answered - Last updated March 15 @ 10:10 am

Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on Friday, March 10, 2023, by the California Department of Financial Protection and Innovation, which appointed the Federal Deposit Insurance Corporation...more

Silicon Valley (SVB) and Signature Bank Collapses: Your legal and regulatory FAQs answered Last updated March 13 @ 10:50 pm

Silicon Valley Bank (SVB), the U.S.’s 16th largest bank, was closed on Friday, March 10, 2023, by the California Department of Financial Protection and Innovation, which appointed the Federal Deposit Insurance Corporation...more

Silicon Valley Bank (SVB) FAQs

Silicon Valley Bank (SVB), the US’s 16th largest bank, was closed on Friday, March 10, 2023, by the California Department of Financial Protection and Innovation which appointed the Federal Deposit Insurance Corporation (FDIC)...more

SEC proposes overhaul of ‘custody rule’ to include all assets as part of new ‘safeguarding rule’

The U.S. Securities and Exchange Commission (SEC) proposed broad changes to Advisers Act Rule 206(4)-2, popularly known as the “custody rule,” on February 15, 2023. The amendments would create a new Rule 223-1 that would...more

SEC releases 2023 examination priorities for investment advisers

On February 7, the Division of Examinations within the U.S. Securities and Exchange Commission (the SEC) released its annual list of examination priorities for investment advisers regulated by the SEC under the U.S....more

SBA announces proposed reforms to SBIC program – new Accrual SBIC for growth equity funds

The U.S. Small Business Administration (SBA) proposed wide-ranging revisions to the regulations governing the small business investment company (SBIC) program on Tuesday, October 18, 2022. Among other things, the proposed...more

Joint SEC-CFTC proposal would overhaul Form PF reporting

The U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) proposed joint amendments to Form PF, a confidential reporting form required of certain SEC-registered investment advisers...more

SEC releases long-awaited ESG proposal for investment companies and investment advisers

On 25 May, the Securities and Exchange Commission (the SEC) introduced a proposal to amend certain rules and forms under the U.S. Investment Advisers Act of 1940 (the Advisers Act) and the U.S. Investment Company Act of 1940...more

SEC releases 2022 examination priorities with focus on private funds

On March 29, the Division of Examinations1 (the Division) within the U.S. Securities and Exchange Commission (the SEC) released its annual list of examination priorities for investment advisers regulated by the SEC under the...more

SEC proposes reforms to enhance private fund transparency

The U.S. Securities and Exchange Commission (SEC) proposed new rules promulgated under the U.S. Advisers Act of 1940 (the Advisers Act) on Wednesday, 9 February 2022. Pointing to over US$18 trillion in assets under private...more

SEC proposes narrow broker-dealer registration exemption for finders

The U.S. Securities and Exchange Commission (SEC) proposed a new exemptive order on Wednesday, October 7, which would exempt certain “finders” from broker-dealer registration under Section 15(a) of the U.S. Securities...more

SEC amends rules to expand on definition of "accredited investor"

The U.S. Securities and Exchange Commission (SEC) adopted amendments on Wednesday, August 26 to several rules under the U.S. Securities Act of 1933 (Securities Act) to modernize, expand, and clarify the definition of...more

Congress modifies terms of PPP to provide borrowers with greater flexibility

On June 5, H.R. 7010, the Paycheck Protection Program Flexibility Act (the PPP Flexibility Act or Act), was signed into law. The bill had previously passed the House and Senate with strong bipartisan votes. Please see full...more

REVISED (Update #2): COVID-19 U.S.: Navigating the Paycheck Protection Program (PPP) under the CARES Act and recent SBA guidance

On Friday, March 27, President Trump signed into law H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to address the catastrophic impact of COVID-19 on the U.S. economy. The CARES Act is a US$2.2...more

COVID-19 U.S.: Navigating the Paycheck Protection Program (PPP) under the CARES Act

On Friday, March 27, President Trump signed into law H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) to address the catastrophic impact of COVID-19 on the U.S. economy. The CARES Act is a US$2.2...more

SBA Loans and Government Economic Relief Programs – Responses to COVID-19

The economic disruptions caused by the virus have had and will continue to have a disproportionate impact on U.S. small businesses and non-profit organizations. ...more

SEC proposes rules to expand and clarify "accredited investor" definition

Last week, the U.S. Securities and Exchange Commission (SEC) proposed new rules to expand and clarify the definition of "accredited investor" under the U.S. Securities Act of 1933. Among other things, the rules would open...more

ILPA Releases Principles 3.0 to Address New Developments in Private Equity

ILPA report highlights new issues that have emerged in the 2010s, including additional concerns about GP conflicts and fiduciary duties, fee and expense reporting, subscription lines of credit, GP-led secondaries,...more

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