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SEC Adopts Amendments to Form N-PORT and Form N-CEN Reporting Relating to Liquidity Risk Management; Issues Guidance on Open-End...

On August 28, 2024, the Securities and Exchange Commission (“SEC”) adopted amendments to reporting requirements on Forms N-PORT and N-CEN that apply to certain registered investment companies, including registered open-end...more

Are the SEC’s Private Fund Advisers Rules Now Dead? No, but they are on Life Support

The U.S. Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) has thrown a wrench into the gears of the U.S. Securities and Exchange Commission (the “SEC”) in its attempt to regulate those investment advisers that...more

SEC Adopts Amendments to the Investment Company Names Rule (Rule 35d-1)

On September 20, 2023, the Securities and Exchange Commission (“SEC”) adopted amendments to Rule 35d-1[1] (the “Names Rule”) under the Investment Company Act of 1940, as amended (“1940 Act”), as well as amendments to certain...more

SEC Adopts Highly Anticipated Private Funds Rules

The U.S. Securities and Exchange Commission (the “SEC”) last week adopted highly anticipated new rules and amendments (the “Adopted Rules”) to the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that will...more

SEC Proposes Changes to Liquidity Risk Management and Swing Pricing Rules

On November 2, 2022, the Securities and Exchange Commission (“SEC”) proposed  amendments to the current rules relating to liquidity risk management and swing pricing (the “Proposal”)....more

SEC Proposes New Rule Requiring Investment Adviser Oversight of Certain Third Party Service Providers

On October 26, 2022, the Securities and Exchange Commission ("SEC") proposed a new rule under the Investment Advisers Act of 1940 ("Advisers Act") to prohibit registered investment advisers from outsourcing certain services...more

SEC Adopts Modernized Disclosure Framework for Shareholder Reports

On October 26, 2022, the Securities and Exchange Commission (“SEC”) adopted rule and form amendments that modernize the disclosure framework for mutual funds and exchange-traded funds (“ETFs”) to create a new layered...more

SEC Proposes Enhanced Disclosures by Investment Advisers and Investment Companies About ESG Investment Practices

On May 25, 2022, the Securities and Exchange Commission (“SEC”) proposed amendments to rules and forms under both the Investment Advisers Act of 1940 (“Advisers Act”) and the Investment Company Act of 1940, as amended (“1940...more

SEC Proposes Amendments to Rule 35d-1 Under the 1940 Act

On May 25, 2022, the Securities and Exchange Commission (“SEC”) proposed amendments to Rule 35d-1 (the “Names Rule”) under the Investment Company Act of 1940, as amended (“1940 Act”), as well as amendments to fund...more

SEC Proposes New Cybersecurity Rule under the 1940 Act

On February 9, 2022, the Securities and Exchange Commission ("SEC") proposed new rule 38a-2 ("Proposed Rule 38a-2") under the Investment Company Act of 1940, as amended ("1940 Act"), which would require registered investment...more

SEC Adopts New Valuation Rule under the 1940 Act

On December 3, 2020, the Securities and Exchange Commission (SEC) adopted new rule 2a-5 ("Rule 2a-5") under the Investment Company Act of 1940, as amended ("1940 Act") addressing valuation practices and the board of...more

SEC Adopts New Rules on Investment Company Use of Derivatives

he U.S. Securities and Exchange Commission (the “SEC”) recently adopted new rules and rule and form amendments under the Investment Company Act of 1940 (the “1940 Act”) relating to, among other things, use of derivatives and...more

SEC Proposes Modernized Shareholder Reports and Other Disclosures

On August 5, 2020, the Securities and Exchange Commission (“SEC”) proposed rule and form amendments that would modernize the disclosure framework for mutual funds and exchange-traded funds (“ETFs”) to create a new layered...more

SEC Proposes New Valuation Rule under the 1940 Act

On April 21, 2020, the Securities and Exchange Commission ("SEC") proposed new rule 2a-5 ("Proposed Rule") under the Investment Company Act of 1940, as amended ("1940 Act") addressing valuation practices and the board of...more

SEC Staff Issues Temporary No Action Letter Allowing Affiliated Purchases of Debt Securities Under Section 17(a) of the 1940 Act

Decision Reflects Significant Market Disruptions Being Caused by the COVID-19 Pandemic - On March 26, 2020, at the request of the Investment Company Institute (the "ICI"), the staff of the Securities and Exchange...more

Additional SEC Exemptive Relief in Response to COVID-19

In light of the continuing disruptions that the COVID-19 pandemic is inflicting on financial markets, the Securities and Exchange Commission (“SEC”) on March 23, 2020 issued a temporary exemptive order (the “Temporary...more

Top 4 Questions Fund Boards Should Ask in the Wake of the Coronavirus

As the coronavirus continues to affect markets worldwide, many groups are conducting internal reviews and risk-assessments. In the investment management world, here are the top 4 questions fund boards should be asking their...more

Ramifications of the COVID-19 Outbreak on Open-End Investment Companies

As the outbreak of COVID-19 has spread internationally, it has impacted almost every facet of life in the United States. Financial markets too have been severely impacted with extreme levels of volatility and, for most broad...more

3/16/2020

SEC Re-Proposes Investment Company Derivatives Rule under the Investment Company Act

The U.S. Securities and Exchange Commission (the “SEC”) re-proposed on November 25, 2019 rules under the Investment Company Act of 1940 (the “1940 Act”) relating to, among other things, use by investment companies of...more

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