Stephen Sims

Stephen Sims

Skadden, Arps, Slate, Meagher & Flom LLP

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"Europe Tries Harder: Extension of the AIFMD Marketing Passport to Non-EU Countries"

In our August 2015 client alert, we reported on the European Union's tentative efforts to extend the Alternative Investment Fund Managers Directive (AIFMD) marketing passport to managers and funds established in non-EU...more

7/26/2016 - AIFM AIFMD AIFMD Passport EU European Securities and Markets Authority (ESMA) Private Placements

"Fee Reporting Template Unveiled by Institutional Limited Partners Association"

On January 29, 2016, the Institutional Limited Partners Association (ILPA) unveiled its fee reporting template (the Template) together with accompanying guidance (the Guidance). The Template has been produced based on...more

2/16/2016 - Fee Disclosure General Partner Investment Management Limited Partnerships Private Equity Funds Reporting Requirements

"MiFID II Expected to Have Significant Impact on Investment Managers"

When implemented, revisions to the EU’s Markets in Financial Instruments Directive (MiFID II) will radically change the regulation of EU securities and derivatives markets, and significantly impact the investment management...more

1/21/2016 - AIFM EU European Securities and Markets Authority (ESMA) Investment Management MiFID MiFID II Portfolio Managers Recording Requirements UCITS

"EU Banker Bonuses: Collision Avoided?"

On November 12, 2015, the European Banking Authority (EBA) published a follow-up report on the treatment of role-based allowances (Allowances) paid by banks to their staff. The EBA’s original, October 2014 report and opinion...more

11/23/2015 - Bankers Bonuses Capital Requirements CRD IV Directive EBA EU

"EU Lawmakers May Delay MiFID 2 Implementation"

Yesterday’s press reports indicate that European Union lawmakers are likely to delay MiFID 2 implementation. MiFID 2 is the name given to the EU laws which will reform EU securities and derivatives markets. Once implemented,...more

11/11/2015 - Delays Derivatives EU Financial Institutions MiFID II Securities Regulation

"The UK Softens Its Approach to Senior Banker Regulatory Liability"

The aftermath of the financial crisis saw regulators worldwide tighten rules and launch large-scale enforcement investigations, particularly directed at the banking sector. The U.K., notwithstanding the importance to it of...more

10/20/2015 - Bankers Broker-Dealer Burden of Proof Enforcement Actions Financial Crisis Financial Institutions FSMA Senior Managers UK

"AIFMD Passport: Europe Must Try Harder"

On July 30, 2015, the pan-EU securities regulator, European Securities and Markets Authority (ESMA), published two papers covering the application of the marketing “passport” under the Alternative Investment Fund Managers...more

8/20/2015 - AIFM AIFMD AIFS EU European Securities and Markets Authority (ESMA) Fund Managers Investment Adviser Marketing National Private Placement Regimes (NPPR) Securities

A Guide to the UK Disguised Investment Management Fee Rules

New rules effective from today in the U.K. are likely to have material impact on the tax treatment of payments by a fund to its U.K.-based management executives and service providers. The rules cover many areas of fund...more

4/8/2015 - Carried Interest Clawbacks Distribution Rules Fees Financial Transaction Tax Fund Managers Hedge Funds HMRC Income Taxes Investment Management Limited Partnerships Non-Resident Aliens UK

"Banker Bonuses: UK and EU Remain on Collision Course"

Since 1 January 2014, the EU’s Capital Requirements Directive (CRD)1 has required EU-regulated banks (EU Banks) to limit variable compensation paid to key bank staff to 100 percent of their fixed compensation (or 200 percent...more

10/22/2014 - Bonuses C-Suite Executives EU European Banking Authority Remuneration

"EU Debate on Enforcement of the 'Banker Bonus Cap' Approaches End Game"

Michel Barnier, vice president of the European Commission, recently wrote to the chairman of the European Banking Authority (the EBA), asking the EBA to report by the end of this month on whether allowances paid by EU banks...more

9/15/2014 - Banks Bonuses EU European Commission

"UK Regulators Amend Dealing Commission Rules"

On 8 May 2014, the U.K.’s Financial Conduct Authority (the FCA) issued Policy Statement 14/7 containing rules clarifying aspects of the goods and services that U.K. asset managers can buy with dealing commission. The Policy...more

5/16/2014 - EU Financial Conduct Authority (FCA) Financial Regulatory Reform MiFID UK

"Clawback of Bonuses: UK PRA’s Banking Proposals Cast Six-Year Shadow for Bad Actors and Their Supervisors and Line Managers"

On 13 March 2014, the Prudential Regulation Authority (PRA), the U.K. regulator responsible for prudential supervision of banks, insurers and large broker-dealers, issued a consultation paper on bonus clawback (CP6/14). ...more

3/26/2014 - Bad Actors Clawbacks Corporate Bonuses Prudential Regulation Authority UK

"UCITS V Gets EU Political Backing, Foreshadowing New Limitations on Manager Remuneration"

European lawmakers have reached agreement on amendments to the Undertakings for the Collective Investment in Transferable Securities (UCITS) Directive, which regulates the management and marketing of EU mutual funds. These...more

3/11/2014 - EU Financial Regulatory Reform Remuneration Transfers UCITS

"The Future of Marketing Non-EU Alternative Investment Funds in Europe"

Adopted by the European Parliament in 2010 and implemented by EU member states in July 2013, the Alternative Investment Fund Managers Directive (the Directive) seeks to protect investors and mitigate market instability by...more

1/24/2014 - AIFM AIFMD CFTC Compliance EU Financial Regulatory Reform Investors Private Placements SEC

The Volcker Rule: A First Look at Key Changes

On December 10, 2013, five U.S. financial regulators (the Agencies) adopted a final rule implementing the Volcker Rule. The text of the final rule and its accompanying preamble are available here. The Volcker Rule was created...more

12/12/2013 - Asset-Backed Securities Banks CEOs Dodd-Frank Exemptions Hedge Funds Market Making Private Equity Reporting Requirements Sovereign Debt Volcker Rule

"US Financial Regulators Issue Final Volcker Rule"

Yesterday, U.S. financial regulators issued the final Volcker Rule. The Volcker Rule implements provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act that prohibit banking organizations from engaging in...more

12/11/2013 - Dodd-Frank Financial Regulatory Reform Volcker Rule

"UK Regulators Begin the Shake-Up of Asset Managers’ Use of Dealing Commission"

On 25 November 2013, the U.K.’s Financial Conduct Authority (the FCA) issued a consultation paper proposing new rules to clarify the circumstances in which U.K. asset managers can currently pay dealing commission (CP13/17)....more

12/2/2013 - Asset Management Broker-Dealer Financial Conduct Authority (FCA) Sales Commissions UK

"UK Government Considers Radical Changes to Approved Persons Regime"

The U.K. government recently published its response to the Parliamentary Commission on Banking Standards’ (the Commission) final report and recommendations, which partly cover the U.K.’s Approved Persons regime....more

7/25/2013 - Best Management Practices Criminal Prosecution Financial Conduct Authority (FCA) Foreign Banks Managers Proposed Legislation Prudential Regulation Authority UK

"UK Provides Marketing Grace Period for Alternative Fund Managers"

The U.K. Treasury recently published its response to its January 2013 consultation on transposing the EU Alternative Investment Fund Managers Directive (AIFMD). A revised draft version of the Alternative Investment Fund...more

6/25/2013 - AIFM AIFMD Disclosure Requirements EEA EU European Securities and Markets Authority (ESMA) Financial Conduct Authority (FCA) Marketing Private Equity Reporting Requirements

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