As discussed in our prior publication, on March 13, the Securities and Exchange Commission (SEC) issued two orders under the Investment Company Act of 1940 (the Investment Company Act) and the Investment Advisers Act of 1940...more
As discussed in our prior alert, on March 4, 2020, the Securities and Exchange Commission (SEC) Division of Investment Management extended the no-action position expressed in its 2019 no-action letter to the Independent...more
Investment companies’ boards may have upcoming meetings that were planned anticipating in-person attendance, yet the spread of coronavirus (COVID-19) may alter travel plans. The Securities and Exchange Commission (SEC)...more
3/16/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Infectious Diseases ,
Investment Adviser ,
Investment Management ,
Mutual Funds ,
New Guidance ,
No-Action Letters ,
Public Health ,
Relief Measures ,
Section 15(c) ,
Securities and Exchange Commission (SEC)
The SEC adopted Guidance that discusses, among other matters, the ability of investment advisers to establish a variety of different voting arrangements with their clients and matters they should consider when they use the...more
10/1/2019
/ Corporate Governance ,
Duty of Care ,
Duty of Loyalty ,
Financial Services Industry ,
Interpretive Rule ,
Investment Adviser ,
Investment Management ,
New Guidance ,
Proxy Advisors ,
Proxy Season ,
Proxy Voting Guidelines ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC)
Here in 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....more
12/12/2018
/ Annuities ,
Cryptocurrency ,
Cybersecurity ,
Enforcement Actions ,
Hedge Funds ,
Initial Coin Offering (ICOs) ,
Institutional Shareholder Services (ISS) ,
Investment Adviser ,
Investment Management ,
Investment Opportunities ,
Investment Products ,
Life Insurance ,
Mutual Funds ,
No-Action Letters ,
Opportunity Zones ,
Private Equity ,
Proxy Advisors ,
Regulatory Agenda ,
Regulatory Burden ,
Securities and Exchange Commission (SEC) ,
Tax Exemptions ,
Wealth Management
Regulation BI, Form CRS, Adviser or Advisor, and Fiduciary Duties of Adviser -
In a flurry of proposed rulemaking that added up to more than 900 pages of reading material, the Securities and Exchange Commission (SEC)...more
7/5/2018
/ Best Interest Standard ,
Broker-Dealer ,
Choice of Entity ,
Conflicts of Interest ,
Disclosure Requirements ,
Fiduciary Duty ,
Financial Services Industry ,
Investment Adviser ,
Investment Management ,
Investment Products ,
Liquidity Risk Management Rule ,
Regulatory Oversight ,
Regulatory Requirements ,
Required Forms ,
Securities and Exchange Commission (SEC)
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
1/20/2017
/ Administrative Proceedings ,
Beneficial Owner ,
Brokers ,
Business Continuity Plans ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Enforcement Actions ,
Fiduciary Rule ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
Form ADV ,
Hedge Funds ,
Insider Trading ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Management ,
IRS ,
Mutual Funds ,
OCIE ,
Private Equity Funds ,
Retail Investors ,
Retirement ,
Sales Commissions ,
SEC Examination Priorities ,
Securities ,
Securities and Exchange Commission (SEC) ,
Senior Investors
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
12/15/2016
/ Beneficial Owner ,
Conflicts of Interest ,
Controlled Foreign Corporations ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Form ADV ,
Income Taxes ,
Insider Trading ,
Investment Adviser ,
IRS ,
MSRB ,
Mutual Funds ,
OCIE ,
Passive Foreign Investment Company ,
PCAOB ,
Proposed Regulation ,
Registered Investment Companies (RICs) ,
Rule G-37 ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC)
Investment Adviser AXA Wins Excessive Fee Trial -
A federal judge in New Jersey has ruled in favor of AXA Equitable Life Insurance Company (AXA Equitable) and its wholly owned subsidiary, AXA Equitable Funds Management...more
10/27/2016
/ AXA Equitable Life ,
Beneficial Owner ,
Best Interest Contract Exemptions ,
BSA/AML ,
Business Continuity Plans ,
Conflicts of Interest ,
Customer Due Diligence (CDD) ,
Cybersecurity ,
Department of Labor (DOL) ,
Derivatives ,
Disclosure Requirements ,
Distribution Rules ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
Form ADV ,
Form N-CEN ,
Form N-PORT ,
Industry Examinations ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Management ,
Limited Liability Company (LLC) ,
MSRB ,
Mutual Funds ,
OCIE ,
Partnerships ,
Private Equity ,
RAUM ,
Reporting Requirements ,
Required Forms ,
Retirement Plan ,
Rule G-37 ,
Sanctions ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
SMAs
The Securities and Exchange Commission Adopts Amendments to Form ADV and Investment Adviser Act Rules -
The Securities and Exchange Commission (SEC) adopted amendments to Form ADV and Investment Advisers Act of 1940...more
9/15/2016
/ 529 Plans ,
Beneficial Owner ,
Best Interest Contract Exemptions ,
Broker-Dealer ,
Business Continuity Plans ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Derivatives ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Examination Priorities ,
Fees ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
FinCEN ,
Form ADV ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
MSRB ,
Mutual Funds ,
OCIE ,
Political Contributions ,
Private Equity ,
Registered Investment Companies (RICs) ,
Risk Alert ,
Rule G-37 ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Share Classes
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
7/11/2016
/ Business Continuity Plans ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Investment Adviser ,
MSRB ,
Municipal Securities Market ,
Pay-To-Play ,
Political Contributions ,
Private Equity Funds ,
Registered Investment Advisors ,
Registered Investment Companies (RICs) ,
Rule G-37 ,
Rule G-8 ,
Rule G-9 ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
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.
...more
4/19/2016
/ Best Interest Contract Exemptions ,
BSA/AML ,
Charles Schwab ,
Conflicts of Interest ,
Cybersecurity ,
Department of Labor (DOL) ,
Derivatives ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Exchange-Traded Products ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
Form N-CEN ,
Form N-PORT ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Investment Fraud ,
Janus Capital Group ,
Liquidity ,
Money Market Funds ,
Mutual Funds ,
NRSRO ,
OCIE ,
Retirement Plan ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Swing Pricing ,
Variable Annuities ,
Whistleblower Awards