The Securities and Exchange Commission (the SEC) proposed comprehensive modifications to the disclosure framework for mutual funds and exchange-traded funds (ETFs and, collectively with mutual funds, funds). The purpose of...more
As discussed in our previous alerts, over the past several weeks, the Securities and Exchange Commission (the SEC) and its staff (the Staff) have provided guidance and targeted, conditional, and temporary relief to investment...more
As discussed in our prior publication, on March 13, the Securities and Exchange Commission (SEC) issued two orders under the Investment Company Act of 1940 (the Investment Company Act) and the Investment Advisers Act of 1940...more
On March 9, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 20-08 to provide guidance and regulatory relief related to pandemic-related business continuity planning....more
As discussed in our prior alert, on March 4, 2020, the Securities and Exchange Commission (SEC) Division of Investment Management extended the no-action position expressed in its 2019 no-action letter to the Independent...more
Investment companies’ boards may have upcoming meetings that were planned anticipating in-person attendance, yet the spread of coronavirus (COVID-19) may alter travel plans. The Securities and Exchange Commission (SEC)...more
3/16/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Infectious Diseases ,
Investment Adviser ,
Investment Management ,
Mutual Funds ,
New Guidance ,
No-Action Letters ,
Public Health ,
Relief Measures ,
Section 15(c) ,
Securities and Exchange Commission (SEC)
In a very unusual lawsuit, attorneys general from seven states and the District of Columbia recently sued the SEC, and its chair, Jay Clayton, for declaratory and injunctive relief seeking to block the effectiveness of...more
9/25/2019
/ Best Interest Standard ,
Broker-Dealer ,
Declaratory Relief ,
Disclosure Requirements ,
Dodd-Frank ,
Duty of Care ,
Fiduciary Duty ,
Injunctive Relief ,
Investment Adviser ,
Investment Management ,
Regulation Best Interest ,
Regulatory Agenda ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Transactions ,
Standard of Conduct
The Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert earlier this month from its national examination program warning investment advisers of the most common...more
9/24/2019
/ Brokers ,
Cross Trading ,
Disclosure Requirements ,
Failure to Comply ,
Fiduciary Duty ,
Form ADV ,
Investment Advisers Act of 1940 ,
Investment Management ,
OCIE ,
Private Funds ,
Risk Alert ,
Securities Regulation ,
Securities Transactions
The Investment Management Update keeps you apprised of recent developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management...more
6/18/2019
/ Best Interest Standard ,
Broker-Dealer ,
Business Development Companies ,
Conflicts of Interest ,
Disclosure Requirements ,
ETFs ,
Financial Regulatory Reform ,
Financial Services Industry ,
Investment Adviser ,
Investment Management ,
Offerings ,
Regulation S-P ,
Retail Investors ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Securities Transactions ,
Standard of Care
As part of its continuing effort to increase efficiency and reduce burdens on publicly traded companies, including registered investment companies, the U.S. Securities Exchange Commission (SEC) recently adopted amendments to...more
4/22/2019
/ Confidential Information ,
EDGAR ,
Filing Requirements ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Investment Companies ,
Material Disclosures ,
Publicly-Traded Companies ,
Regulation S-K ,
Regulatory Burden ,
Regulatory Oversight ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC)
The Securities and Exchange Commission (SEC) has proposed a new rule and related amendments designed to streamline and enhance the regulatory framework for "fund of funds" arrangements....more
2/15/2019
/ 529 Plans ,
Anti-Money Laundering ,
Cryptocurrency ,
Cybersecurity ,
Digital Assets ,
Elder Issues ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
Form N-CEN ,
Initial Coin Offering (ICOs) ,
Investment Funds ,
Investment Management ,
MSRB ,
OCIE ,
Popular ,
Retail Investors ,
Risk Management ,
Robo-Advisors ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Token Sales
Here in is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry....more
12/12/2018
/ Annuities ,
Cryptocurrency ,
Cybersecurity ,
Enforcement Actions ,
Hedge Funds ,
Initial Coin Offering (ICOs) ,
Institutional Shareholder Services (ISS) ,
Investment Adviser ,
Investment Management ,
Investment Opportunities ,
Investment Products ,
Life Insurance ,
Mutual Funds ,
No-Action Letters ,
Opportunity Zones ,
Private Equity ,
Proxy Advisors ,
Regulatory Agenda ,
Regulatory Burden ,
Securities and Exchange Commission (SEC) ,
Tax Exemptions ,
Wealth Management
Rewards and Risks in Opportunity Zone Funds -
H.R. 1—informally known as the Tax Cuts and Jobs Act—became law on December 22, 2017. Included in the Act is a new program intended to spur the reallocation of investments...more
9/11/2018
/ Best Execution ,
Community Development ,
Economic Development ,
Exchange-Traded Products ,
Investment Funds ,
Investment Management ,
Low Income Housing ,
Low-Income Issues ,
Mutual Funds ,
New Market Tax Credits ,
OCIE ,
Opportunity Zones ,
Real Estate Development ,
Risk Alert ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
Tax Cuts and Jobs Act ,
Tax Deferral ,
Trump Administration
Regulation BI, Form CRS, Adviser or Advisor, and Fiduciary Duties of Adviser -
In a flurry of proposed rulemaking that added up to more than 900 pages of reading material, the Securities and Exchange Commission (SEC)...more
7/5/2018
/ Best Interest Standard ,
Broker-Dealer ,
Choice of Entity ,
Conflicts of Interest ,
Disclosure Requirements ,
Fiduciary Duty ,
Financial Services Industry ,
Investment Adviser ,
Investment Management ,
Investment Products ,
Liquidity Risk Management Rule ,
Regulatory Oversight ,
Regulatory Requirements ,
Required Forms ,
Securities and Exchange Commission (SEC)