Jay G. Baris

Jay G. Baris

Morrison & Foerster LLP

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Investment Management Legal + Regulatory Update - August 2016

Regulation - Next on the SEC’s Regulatory Agenda: A Chief Valuation Officer? - First, the SEC required funds to designate a chief compliance officer. Then, the SEC proposed that funds designate a liquidity...more

8/16/2016 - Advisors Act Auditors BDC Broker-Dealer Business Continuity Plans Business Development Companies CFTC Commodity Futures Contracts Commodity Pool Customer Due Diligence (CDD) ETFs FinCEN FSOC OCIE Private Equity Qualified Client Risk Management SEC

Next on the SEC regulatory agenda: a chief valuation officer?

First, the Securities and Exchange Commission required funds to designate a chief compliance officer. Then, the SEC proposed that funds designate a liquidity risk manager, and after that, a derivatives risk manager. Can a...more

6/21/2016 - Board of Directors Chief Compliance Officers Corporate Officers Dodd-Frank Fair Market Value FSOC Liquidity Risk Management SEC Valuation Experts

MJW to FSOC:  We’re On It

In a keynote address before the Investment Company Institute on May 20, 2016, SEC Chair Mary Jo White signaled to the Financial Stability Oversight Counsel (FSOC) that the SEC is “working hard” to finalize rules that address...more

6/2/2016 - Asset Management Banking Regulators Cybersecurity Derivatives EFTs FSB FSOC Investment Companies Mary Jo White SEC

The Metaphysics Of Systemic Risk

On April 18, 2016, the Financial Stability Oversight Council again warned that asset managers present systemic risk to financial stability in five key areas: ..liquidity and redemptions; ..leverage; ..operational...more

5/16/2016 - Asset Management Dodd-Frank Financial Institutions Financial Stability Acts FSOC Risk Assessment

Possible Worlds Versus Probable Worlds - the Metaphysics of Systemic Risk: FSOC Revisits Asset Managers

On April 18, 2016, the Financial Stability Oversight Council (FSOC) again warned that asset managers present systemic risk to financial stability in five key areas: ..liquidity and redemptions; ..leverage;...more

4/27/2016 - Asset Management Dodd-Frank FSOC Mutual Funds SEC

SEC Expected to Propose Liquidity Risk Management Programs for Funds

The Securities and Exchange Commission announced that it will consider proposals for liquidity risk management programs and related disclosures for open-end management investment companies. The Commission will consider the...more

9/17/2015 - Amended Regulation Banking Sector Derivatives Disclosure Requirements ETFs Financial Institutions Forms FSOC Investment Companies Liquidity Risk Management Rule Mutual Funds New Regulations Public Meetings Risk Management SEC Stress Tests Sunshine Act

FSOC, At It Again, Places Asset Managers in Its Crosshairs

In seeking comment on potential risks to the U.S. financial system created by asset managers, the Financial Stability Oversight Council (FSOC) again places asset managers in its crosshairs. This crusade potentially can lead...more

1/9/2015 - Asset Management Banking Sector Banks CPOs Financial Institutions FSOC Hedge Funds Insurance Industry Risk Assessment SEC

Commissioner Piwowar Slams “Dodd-Frank Politburo” for Overstepping Authority

In a speech on July 15, 2014, SEC Commissioner Michael S. Piwowar expressed his views about the Financial Stability Oversight Council (FSOC) operating in secrecy as it tries to expand its regulation of financial institutions...more

7/17/2014 - Banking Sector Banks Capital Markets Dodd-Frank Financial Regulatory Reform FSOC SEC Transparency

Five Senators Slam OFR Asset Management and Financial Stability Report

In a stinging letter to Treasury Secretary Jacob J. Lew, five Senators criticized the study by the Office of Financial Research (OFR), Asset Management and Financial Stability, alleging that the study contained “troubling...more

1/30/2014 - FSOC Legislative Agendas

OFR Report: Asset Managers Potentially Threaten Financial Stability

Asset managers create vulnerabilities “that could pose, amplify, or transmit threats to financial stability,” according to the Treasury Department’s Office of Financial Research (OFR) in a September 2013 report....more

10/4/2013 - Asset Management FSOC Office of Financial Research U.S. Treasury

SEC to Focus on Private Fund Adviser Compliance Procedures in Rule 506(c) Offerings

With general solicitation and general advertising on the horizon, private fund advisers should review their policies and procedures to determine whether they are reasonably designed to prevent the use of fraudulent or...more

9/13/2013 - Compliance Financial Adviser FSOC Hedge Funds JOBS Act OCIE Regulation D Rule 506 Offerings SEC

Investment Management Legal + Regulatory Update -- July 2013

In This Issue: Regulatory Updates - SEC Proposes Money Market Reform; SEC Eases Ban on General Solicitation and General Advertising in Certain Private Placements; SEC and CFTC Adopt Joint Rules to Address...more

7/19/2013 - Broker-Dealer CFTC Disclosure Requirements FSOC General Solicitation Identity Theft Insider Trading Investment Funds JOBS Act Marketing Money Laundering Money Market Funds New Legislation New Regulations Nonbank Firms NYSE Private Placements SEC Social Media Tax Reform Whistleblowers

Now the Fun Begins: FSOC Proposes the First Three Nonbank SIFIs

In a June 3, 2013 closed-door meeting, the Financial Stability Oversight Council (“FSOC”) voted to propose the designation of three financial services companies — American International Group (“AIG”), Prudential Financial and...more

6/5/2013 - AIG Dodd-Frank Federal Reserve FSOC General Electric Orderly Liquidation Authority Prudential SIFIs

Investment Management Legal + Regulatory Update -- December 2012

In This Issue: Regulatory Updates - FSOC, FSB Turn Up Heat on SEC on Money Market Fund Reforms; SEC Staff: Beware of BDC Joint Transactions; SEC Reports 3,000 Whistles Blown in FYI 2012; Over 1500 Private Fund Advisers...more

12/18/2012 - CFTC CPO FSB FSOC FX Forwards FX Swaps Money Market Funds SEC

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