Dechert LLP

US Hedge Fund Managers: Accessing Capital and Marketing in Europe

Recent regulatory change has made the marketing of hedge funds in the European Economic Area (the “EEA”) more involved, particularly for managers based outside the EEA. This appears to have led some US investment advisors to…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Remember Europe? Harshing My Mellow

Maybe it’s because I have been in Europe this past week (Munich at Octoberfest actually – Men in way-too-short leather shorts, dirndls, beer steins the size of a politician’s ego, the most astonishing amount of drinking, etc…more
| Business Organizations, Elections & Politics, Finance & Banking, International Law & Trade, Securities Law

European Parliament Votes to Object to PRIIPs Implementing Legislation

The European Parliament voted to object to draft regulatory technical standards (“RTS”) implementing the Packaged Retail and Insurance Investment Products (PRIIPs) Regulation (the “Regulation”) on 14 September 2016. The draft…more
| Elections & Politics, Finance & Banking, Insurance, International Law & Trade, Securities Law

Federal Court Issues Trial Ruling in Section 36(b) “Manager of Managers” Lawsuit: AXA Advisory and Administrative Fees Held Not to Constitute a Breach of Fiduciary Duty

The U.S. District Court for the District of New Jersey issued its post-trial ruling on August 25, 2016 in Sivolella v. AXA Equitable Life Insurance Company—the first Section 36(b) trial decision since 2009. The Court concluded…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Finance & Banking, Securities Law

Investment Funds Update - Europe - Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - September 2016 - Issue 7: France

AMF Doctrine – Authorisation of “Pre-Marketing” Activities - The AMF updated its Position n° 2014-04, which is a guide to the marketing regime of UCITS and AIFs in France. These changes have been implemented following the…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

SEC Amends Form ADV and Investment Adviser Recordkeeping Rules

The U.S. Securities and Exchange Commission (SEC) recently adopted amendments to Form ADV and to Rule 204-2 (Recordkeeping Rule), as well as technical amendments to other rules under the Investment Advisers Act of 1940 (Advisers…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Investment Funds Update - Europe - Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - September 2016 - Issue 7: Germany

BaFin Plans to Prohibit Retail Distribution of Credit-Linked Notes - BaFin announced on its website that the regulator intends to prohibit the marketing, distribution and sale of credit-linked notes (“Bonitätsanleihen”)…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law

Deal Agent: A Structural Enhancement to Private Label RMBS

The U.S. Treasury Department (the “Treasury”) views a healthy private label residential mortgage-backed securities (“PLS”) market as “an important component of a reformed, safe, and sustainable housing finance system that will…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Residential, Securities Law

CFTC Guidance on FCM and DCO Investments in Money Market Funds

Divisions of the U.S. Commodity Futures Trading Commission (CFTC) on August 8, 2016 issued letters restricting futures commission merchants (FCMs) and derivatives clearing organizations (DCOs) from investing in money market…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

Investment Funds Update - Europe - Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - September 2016 - Issue 7: Ireland

Central Bank Personnel Update - The Central Bank of Ireland (the “CBI”) announced that Gareth Murphy, Director of Markets Supervision, has resigned his position on 22 August 2016. He will remain with the CBI until November…more
| Finance & Banking

Investment Funds Update - Europe - Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - September 2016 - Issue 7: Luxembourg

CSSF Newsletter – August 2016 - The CSSF published its August 2016 newsletter (number 187), which provides updates in relation to recent national regulation and statistics…more
| Finance & Banking, International Law & Trade

Tax Considerations for BDC Consolidation Transactions [Video]

In this video, Dechert tax partner Jeffrey S. Sion examines several important tax considerations related to business development company (BDC) consolidation transactions, including the pros and cons of taxable and tax-free…more
| Business Organizations, Commercial Law & Contracts, Finance & Banking, Mergers & Acquisitions, Taxation

Investment Funds Update - Europe - Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - September 2016 - Issue 7: United Kingdom

FCA Chief Executive Comments on FCA Mission and Brexit - The FCA has published a speech by Andrew Bailey, FCA Chief Executive, at the FCA's 2016 annual public meeting on 19 July 2016. Mr Bailey stated that the FCA is…more
| Commercial Law & Contracts, Elections & Politics, Finance & Banking, International Law & Trade, Securities Law

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and primary European fund domiciles - September 2016 - Issue 7: European Legal Developments

EMIR – Exemption for Danish Pension Schemes and Endorsement of Margin Requirements for Uncleared Derivatives - ESMA issued its opinion exempting certain Danish pension scheme from central clearing under EMIR on 3 August…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law

Proposed Treasury Regulations Regarding Valuation Discounts for Transfers of Family-Controlled Entities, if Enacted, Would Apply More Broadly than Anticipated

After years of anticipation, the U.S. IRS recently issued Proposed Treasury Regulations that would, if enacted in their current form, substantially eliminate most valuation discounts for family-controlled entities and result in…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning
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Contact

Circa Centre, 2929 Arch Street
Philadelphia, PA 19104, United States

Contact: Beth Huffman

  • 215 994 4000
  • 215 994 2222

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