News & Analysis as of

Exemptions

Mayer Brown

Update on Maryland Mortgage Licensing Guidance: Governor Moore Signs Law Exempting Passive Trusts

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Shortly after Mayer Brown published an update on legislation introduced to exempt passive trusts and other assignees of certain Maryland loans from licensing, Governor Wes Moore signed the legislation into law. The Maryland...more

Bennett Jones LLP

Canadian Securities Regulators Take Further Incremental Steps to Promote Access to Capital Markets

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Against the current backdrop of global market uncertainty, on April 17, 2025, the Canadian Securities Administrators (CSA) announced new incremental measures aimed at reducing regulatory burden for reporting issuers,...more

Saul Ewing LLP

Navigating the DHS Registration Requirement for Foreign Nationals

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On March 12, 2025, the U.S. Department of Homeland Security (“DHS”) issued an Interim Final Rule (“IFR”) implementing a new registration requirement (“Registration Requirement”) for certain foreign nationals to be filed with...more

Troutman Pepper Locke

Practical Implications of the Interim Final Rule for BOI Reporting Under the CTA

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As we previously discussed, the Financial Crimes Enforcement Network (FinCEN) published an interim final rule (IFR) on March 26 that narrowed the beneficial ownership information (BOI) reporting requirements under the...more

Allen Matkins

If The Shares Of A Chinese Company Are Delisted, What Happens To Trading In California?

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Yesterday's Wall Street Journal includes a story about the possible delisting of shares of Chinese companies.  Shares of companies that are listed, or authorized for listing, on a national securities exchange (or tier or...more

Seward & Kissel LLP

SEC Easing Conditions for Co-Investment Relief for BDCs and Closed-End Funds

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On April 3, 2025, the U.S. Securities and Exchange Commission (“SEC”) issued a notice of proposed exemptive relief to FS Credit Opportunities Corp. and its affiliates (Applicants), introducing more flexible co-investment...more

Bass, Berry & Sims PLC

FinCEN Interim Final Rule Signals End of Domestic Entities’ CTA Reporting Obligations

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After almost 18 months of uncertainty and confusion with respect to the implementation and enforcement of the Corporate Transparency Act (CTA), on Friday, March 21, the U.S. Department of Treasury’s Financial Crimes...more

Winstead PC

The QPAM Exemption - Key Takeaways for Fund Managers with Benefit Plan Investors

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As an asset manager, you may be familiar with the regulatory issues that come into play when a fund permits investments from “benefit plan investors,” which generally include certain employee benefit plans subject to the...more

Mayer Brown Free Writings + Perspectives

Refresher: EU Capital Requirements Directive 6 (“CRD6”) – What Cross-Border Financial Institutions Need to Know

Many US and other non-EU financial institutions which lend or undertake trade finance business on a cross border basis into Europe do so in reliance upon exemptions under local law.  These exemptions typically permit these...more

Eversheds Sutherland (US) LLP

SEC provides green light to new exemptive relief

The SEC recently issued a notice with regard to a new model of co-investment relief and issued the first exemptive order for multi-class relief to a private BDC. This legal alert discusses both new developments....more

A&O Shearman

UK FCA policy statement on the DTO and PTRR services

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The UK Financial Conduct Authority (FCA) has published its policy statement (PS25/2) with final rules on the classes of derivatives subject to the derivatives trading obligation (DTO) and the new framework for the exemptions...more

Allen Matkins

When Do Blue Sky Laws Apply?

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In my experience, many securities lawyers are well versed in the federal securities laws, but have little experience with state securities laws.  This is understandable because federal law in many cases preempts state...more

Katten Muchin Rosenman LLP

March Brings New Beginnings: SEC Approves Multi-Share Class Exemptive Relief for Private BDCs and Certain Registered Closed-End...

Since March 12, 2025, the US Securities and Exchange Commission (SEC) has approved multiple applications for multi-share class exemptive relief for private business development companies (BDCs) and certain registered...more

Goldberg Segalla

EPA Introduces New Email Account for Regulated Community to Request Presidential Exemption

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The Environmental Protection Agency announced March 12 it set up an e-mail account allowing the regulated community to request a presidential exemption under Section 112(i)(4) of the Clean Air Act (“CAA”)....more

Venable LLP

Private Funds Get a Break: SEC No-Action Letter Offers Relief for Private Fund Verification

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In a March 12, 2025 no-action letter, the SEC staff provided commonsense guidance relating to verification of accredited investor status under rule 506(c). The guidance aligns with industry practice and has the potential to...more

Robinson Bradshaw

Form D: A Primer

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Under Section 5 of the Securities Act of 1933, all offers and sales of securities, including offers or sales of limited partnership interests or membership interests in a private fund, must be registered with the Securities...more

JUSTICENTER

Is It Possible To Get Out Of Jury Duty?

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The U.S. and California Constitutions protect the right to a jury trial in all criminal cases and most civil lawsuits. Although most criminal prosecutions and lawsuits end before reaching trial, large population centers like...more

Stoel Rives LLP

Corporate Transparency Act – New Interim Final Rule

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The U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued an interim final rule with respect to the Corporation Transparency Act (the “CTA”), exempting entities formed in the United States from the...more

Maynard Nexsen

FinCEN Issues Interim Final Rule Exempting U.S. Entities from Beneficial Ownership Reporting Requirements Under Corporate...

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On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued a final interim rule that removes the reporting requirements for U.S. companies and U.S. citizens from the beneficial ownership information (BOI)...more

A&O Shearman

UK regulators consult on changes to margin requirements for non-centrally cleared derivatives

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The Prudential Regulation Authority (PRA) and Financial Conduct Authority (FCA) have opened a consultation on margin requirements for non-centrally cleared derivatives. The proposals are to: - Make permanent the current...more

Mayer Brown Free Writings + Perspectives

FINRA Proposes to Exempt BDCs from its IPO Purchase Restriction Rules

On March 20, 2025, the Financial Industry Regulatory Authority (FINRA) proposed amendments to its rules imposing restrictions on the purchase and sale of equity securities offered in initial public offerings (IPOs) (Rule...more

Vedder Price

SEC Grants One-Year Exemption from New Short Sale Reporting Requirements

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On February 7, 2025, the SEC issued a one-year exemption from compliance with new Rule 13f‑2 under the Securities Exchange Act of 1934 and related reporting on new Form SHO. The SEC adopted Rule 13f-2 and the Form SHO...more

Latham & Watkins LLP

EPA Issues Solicitation for Clean Air Act Section 112 Presidential Exemptions

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EPA’s electronic mailbox is open for requests from stationary sources until March 31. In March 2025, the United States Environmental Protection Agency (EPA) announced that it has set up an electronic mailbox to allow...more

Frost Brown Todd

FinCEN Eliminates Beneficial Ownership Reporting by Domestic Companies and U.S. Residents Under the Corporate Transparency Act

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On March 21, 2025, the Financial Crimes Enforcement Network (FinCEN) issued its promised interim final rule to eliminate the obligation of United States residents and entities organized under domestic law to file beneficial...more

Allen Matkins

FinCEN Exempts U.S. Companies and U.S. Persons from Beneficial Ownership Reporting Requirements

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An interim final rule issued by the Financial Crimes Enforcement Network (FinCEN), makes the following significant changes to beneficial ownership information reporting (BOIR) requirements: defines a “reporting company”...more

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