Harry S. Pangas

Harry S. Pangas

Sutherland Asbill & Brennan LLP

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Sutherland Submits Comment Letters on Two SEC Rulemaking Projects Pertinent to Business Development Companies

In response to requests for comment from the U.S. Securities and Exchange Commission (SEC), Sutherland Asbill & Brennan LLP recently submitted comment letters on two SEC rulemaking projects pertinent to business development...more

4/12/2016 - Business Development Companies Fixing America’s Surface Transportation Act (FAST Act) Investment Company Act of 1940 Proposed Regulation Registration Statement SEC

SEC Proposes Rule Related to Use of Derivatives and Financial Commitment Transactions by Regulated Funds

In December 2015, the Securities and Exchange Commission (the SEC) proposed a new Rule 18f-4 under the Investment Company Act of 1940 (the 1940 Act) that would, if adopted, affect the ability of mutual funds, exchange-traded...more

1/21/2016 - Derivatives ETFs Investment Company Act of 1940 Rule 18f-4 SEC

Omnibus Highway Bill Contains a Grab Bag of December Surprises for Public Companies and Companies Aspiring to Go Public

In December 2015, President Barack Obama signed into law an omnibus highway bill called “Fixing America’s Surface Transportation Act” or the “FAST Act.” This new law (i) amends certain sections of the Jumpstart Our Business...more

1/11/2016 - Emerging Growth Companies Fixing America’s Surface Transportation Act (FAST Act) Form 10-K Initial Public Offerings JOBS Act Regulation S-K Resale Exemption SEC

Volcker Agencies Provide Seeding Period Guidance for BDCs, RICs and FPFs in New FAQ

On July 16, 2015, the agencies responsible for implementing the Volcker rule (Agencies) issued FAQ 16, which provides guidance on the circumstances under which a seed investment would not cause (i) a registered investment...more

7/22/2015 - Bank Holding Company Business Development Companies Covered Banking Entity Federal Reserve Investment Company Act of 1940 SEC Volcker Rule

SEC Proposes Disclosure Rules on Director, Officer and Employee Hedging

In April 2015, the comment period expired for rules proposed by the U.S. Securities and Exchange Commission (the SEC) to implement Section 955 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank...more

6/11/2015 - Disclosure Requirements Dodd-Frank Equity Securities Forward Contracts Hedging Regulation S-K SEC Section 14(j) Securities Exchange Act

Performance Anxiety: SEC Proposes Pay Versus Performance Rule

On April 29, 2015, by a 3-2 vote, the Securities and Exchange Commission (the SEC) voted to propose a rule to implement Section 14(i) of the Securities Exchange Act of 1934 (the Exchange Act), as added by Section 953(a) of...more

6/2/2015 - Disclosure Requirements Dodd-Frank Executive Compensation Proposed Regulation Say-on-Pay SEC Securities Exchange Act Total Shareholder Return (TSR)

SEC Updates Guidance on Cybersecurity

Emphasizing the critical importance of cybersecurity to registered investment companies (RICs), including insurance separate accounts and business development companies, and to investment advisers, the SEC’s Division of...more

5/3/2015 - Business Development Companies Cybersecurity Identity Theft Investment Adviser Investment Management New Guidance Popular RICs Risk Assessment SEC

New SEC Guidance Adds Flexibility to BDC Co-Investing

The U.S. Securities and Exchange Commission (SEC) Division of Investment Management (the Division) just published guidance that will permit business development companies (BDCs) to co-invest with certain persons considered...more

12/9/2014 - Affiliates Business Development Business Development Companies Equity Investors Investment Company Act of 1940 Limited Partnerships New Guidance SEC

M&A Brokers Exempt from SEC Broker-Dealer Registration Requirements

On January 31, 2014, the U.S. Securities and Exchange Commission’s (SEC) Division of Trading and Markets issued a No-Action Letter (Letter)1 that allows a private business broker (M&A Broker) to receive transaction-based...more

2/10/2014 - Broker-Dealer No-Action Letters Registration SEC Securities Exchange Act

Insurance Topics We Will Be Watching in 2014

With the first month of the year behind us, this report outlines major insurance topics that we will be watching throughout 2014. Forces, trends and events that we believe will affect regulation, transactions and...more

2/7/2014 - Affordable Care Act Casualty Insurance Federal Insurance Office Healthcare Healthcare Reform Insurance Industry Insurance Reform NAIC Property Insurance Reinsurance

Legal Alert: The Volcker Rule: The Rising Appeal of Registered Investment Companies and BDCs

On December 10, 2013, the U.S. Federal Reserve, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Commodity Futures Trading Commission, and the Securities and Exchange Commission...more

1/10/2014 - Banks Business Development Companies Dodd-Frank FDIC Federal Reserve Investment Company Act of 1940 OCC Proprietary Trading RICs SEC Volcker Rule

Legal Alert: Private Offerings: The SEC Lifts Ban on General Solicitation But Proposes a Hefty Regulatory Burden in Return

During an open meeting of the U.S. Securities and Exchange Commission (the SEC) on July 10, 2013, the SEC adopted a rule that lifts the ban on general solicitation of unregistered securities offerings and paves the way for...more

7/17/2013 - Advertising Bad Actors General Solicitation JOBS Act Regulation D Rule 144A Rule 506 Offerings SEC U.S. Treasury

CFTC Issues No-Action Relief from Commodity Pool Operator Registration Requirements for Business Development Companies

On December 4, 2012, the Commodity Futures Trading Commission’s (CFTC’s) Division of Swap Dealer and Intermediary Oversight (DSIO) issued no-action relief from commodity pool operator (CPO) registration requirements for...more

12/6/2012 - CFTC Commodity Pool Dodd-Frank Investment Advisers Act of 1940 No-Action Relief Swaps

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