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H.R. 601 Extends EB-5 Program and Provides $15.25B of Disaster Relief Funds

President Trump has signed into law H.R. 601, a continuing resolution that funds the federal government through December 8, 2017, and thereby extends the EB-5 Regional Center Program beyond September 30, 2017—the end of the...more

Reinvestment of EB-5 Funds in a New Project Can Maintain the "At-Risk" Requirement

One of the more popular topics among EB-5 project owners and practitioners in recent years is the requirement that investors' funds remain "at risk" as a bona fide "investment." Complications arise regarding maintenance of...more

SEC Expands Popular JOBS Act Benefit to All Companies Filing Registration Statements

Starting July 10, 2017, all companies filing certain registration statements may take advantage of a popular benefit currently allowed only to Emerging Growth Companies (EGCs) under the Jumpstart Our Business Startups (JOBS)...more

Government Funding Bill Released; EB-5 Program Intact Through September

As reported by Ballard Spahr in previous Alerts, many members of Congress have proposed and considered several reform measures to the U.S. Immigrant Investor Program, known as "EB-5," over the past several years....more

Bigger Investments Proposed for EB-5 Projects; Investors Scramble to Beat Deadline

As we have previously reported, many members of Congress have proposed and considered several reforms to the U.S. Immigrant Investor Program known as "EB-5" over the past several years. The reforms included making the...more

Investment Management Update

SEC Issues Guidance on Mutual Fund Fee Structure - The Securities and Exchange Commission’s (SEC) Division of Investment Management recently issued a guidance update addressing disclosure issues and certain procedural...more

China's Stringent New Rules on Yuan Transfers Could Hinder EB-5 Fundraising

The Chinese government has enacted new rules severely limiting foreign currency transfers out of China. The scope of the limitations are not clear but the Xinhua News Agency reported that Chinese banks advised their customers...more

Investment Management Update

IRS Issues Proposed Regulations Providing Guidance On The Tax Qualification Of Mutual Funds - On September 27, 2016, the Internal Revenue Service (IRS) issued proposed regulations (Proposed Regulations) that provide...more

EB-5 Program Gets Temporary Extension; USCIS Issues New EB-5 Policy Manual

The EB-5 Regional Center Program has been extended through April 28, 2017, following the passage of a continuing resolution (CR) by Congress that narrowly avoided a government shutdown. The CR provides continued funding...more

Significant Increases to EB-5 Program Filing Fees Effective on December 23, 2016

The Department of Homeland Security (DHS) has increased fees by an average of 21 percent for certain U.S. Citizenship and Immigration Services (USCIS) applications, including the U.S. Immigrant Investor Program (EB-5)....more

EB-5 Program Extended by Continuing Resolution to December 9 Without Changes

The U.S. Immigrant Investor Program (EB-5) has been extended through December 9, 2016, following the recent signing of a continuing resolution to fund the federal government and avoid a shutdown. The EB-5 Program provides a...more

Investment Management Update

SEC Enforcement Action against Private Equity Fund Adviser - On June 1, 2016, the SEC announced that a private equity fund adviser and its principal owner agreed to pay more than $3.1 million to settle SEC charges that,...more

Recent Investment Management Developments - May 2016

Below 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...more

Investment Management Update - April 2016

Below 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...more

Investment Management Update - March 2016

Below 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. SEC, FINRA...more

SEC Approves FINRA Portal Rules, Forms for Crowdfunding Under Title III

The U.S. Securities and Exchange Commission (SEC) approved the Financial Industry Regulatory Authority, Inc.'s (FINRA) crowdfunding Portal Rules for companies that want to operate an intermediary “funding portal” pursuant to...more

Congress Extends EB-5 Again Without Changes Despite Months of Legislative Meetings, Lobbying, Proposals, and Negotiations

In what is considered a significant victory for real estate developers, Congress capped off months of handwringing and numerous proposals by extending the EB-5 Immigrant Investor Program without amendment until September 30,...more

Investment Management Update - December 2015

Below 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. Supreme...more

SEC Issues Final Rule on Crowdfunding, Proposes Amendments to Existing Rules to Facilitate Small Business Capital Raising

Last week, the U.S. Securities and Exchange Commission (SEC) adopted the final rule permitting crowdfunding, permitting investors to purchase securities over the Internet using a crowdfunding exchange, on October 30, 2015....more

The EB-5 Program gains short-term extension in Congress

Congress recently passed a short-term extension to keep the EB-5 Regional Center Program (commonly known as the EB-5 Program or the Immigration Investor Program) from expiring. The EB-5 program adds versatility to the...more

EB-5 Regional Center Program Gets Short-Term Extension from Congress

Congress passed a short-term extension late yesterday to keep the EB-5 Regional Center Program (the EB-5 Program) from expiring. The Continuing Resolution will extend the EB-5 Program (and fund the U.S. government) through...more

Recent Investment Management Developments - June 2015

In This Issue: - SEC Proposes Changes to Reporting and Disclosure Obligations for Investment Companies and Advisers - SEC Charges Hedge Fund Executives and External Auditor for Improper Disclosure of Expense...more

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