News & Analysis as of

Alternative Investment Funds

Vinson & Elkins LLP

[CLE Hybrid Event] Alternative Investments in Commercial Real Estate: Preferred Equity and Mezzanine Debt Instruments - September...

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Join Vinson & Elkins REIT and Real Estate partners, Brent Abbott, Executive Vice President, Head of Investments, Real Estate Division at Pacolet-Milliken, and Anthony Scavo, Chief Operating Officer at Basis Industrial, as...more

Dechert LLP

Modernization of French Alternative Investment Funds: The Stakes of Ordinance No. 2024-662 Dated July 3, 2024

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The French Ordinance no. 2024-662 dated July 3, 2024, on the modernization of the regime governing alternative investment funds (the Ordinance) represents a major step forward. This has been long called in the Paris...more

Morgan Lewis

Changes to the VAT Exemption for the Management of Alternative Investment Funds

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The scope of application of the VAT exemption for the management of AIFs has been extended to all AIFs within the meaning of Section 1 (3) KAGB from 2024, meaning that the previously applicable similarity test no longer...more

Walkers

New trends in use of Jersey and Guernsey structures by US fund managers targeting European assets or capital

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Over the last few months, we have started to see new trends in inquiries and instructions regarding the use of Jersey and Guernsey structures by US managers targeting either European assets, or European capital....more

Morris, Manning & Martin, LLP

Regulation and Compliance in the Alternative Asset Space

As the SEC has issued a number of final or proposed rules affecting broadly the conduct of broker dealers and investment advisers in the past few years, I have received a lot of questions about new compliance concerns....more

Cadwalader, Wickersham & Taft LLP

The UK's Spring Budget 2024 and Its Impact on Real Estate

The Chancellor of the Exchequer delivered the United Kingdom (UK) Spring Budget for 2024 on 8 March 2024.  The Budget was delivered against the backdrop of an anticipated general election in the summer or autumn of 2024 and...more

Mayer Brown

AIFMD II – What EU and non-EU fund managers need to know

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In order to harmonize the regulatory framework governing the European fund market, the European Commission has revised the existing Alternative Investment Fund Manager Directive – Directive 2011/61/EU (the "AIFMD"), with the...more

Cadwalader, Wickersham & Taft LLP

Liquidity Management, Loan Origination and Credit Funds under AIFMD II

I. Background and Scope - On 7 February 2024, the European Union adopted a final text amending the AIFMD and UCITS directives (AIFMD II). This memo considers what are entirely novel requirements attaching to liquidity...more

Jones Day

UK FCA Publishes Sustainability Disclosure Requirements and Investment Labels

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On November 28, 2023, the UK's Financial Conduct Authority ("FCA") published its long-awaited final rules and guidance on Sustainability Disclosure Requirements ("SDR") and investment labels. According to the FCA, it intends...more

Paul Hastings LLP

Credit Funds: The Year of the Regulator

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We are delighted to bring you this edition of Spotlight Magazine, the content of which has come at just the right time, with it becoming increasingly apparent that we are in the midst of a global regulatory refresh of the...more

International Lawyers Network

Establishing a Business Entity in Cyprus (Updated)

Introduction - Cyprus is an EU member state and a common law jurisdiction with a legal system similar to that of the UK. It is located at the eastern end of Europe linking 3 continents, Europe, Africa and Asia and it has a...more

Cadwalader, Wickersham & Taft LLP

AIFMD II and Loan Origination Funds

On 6 November 2023, the Council of the European Union published its long anticipated final compromise text ‘as regards delegation arrangements, liquidity risk management, supervisory reporting, provision of depositary and...more

Stikeman Elliott LLP

International Comparative Legal Guide – Alternative Investment Funds 2023: Canada

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1 Regulatory Framework - 1.1 What legislation governs the establishment and operation of Alternative Investment Funds? In Canada, the term “alternative investment fund” or AIF is not a term of art. Canadian...more

Cadwalader, Wickersham & Taft LLP

Political Agreement Reached on Proposed Directive Amending Both AIFM and UCITS Directives

On 20 July 2023, the Council of the EU announced that it has reached political agreement with the European Parliament on the proposed Directive amending the Alternative Investment Fund Managers Directive (2011/61/EU) and the...more

DarrowEverett LLP

Mezzanine, Bridge Financing Becoming Key Tools in Uncertain Economy

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During periods of economic uncertainty and rising interest rates, alternative financing options such as mezzanine and bridge lending have emerged as attractive solutions for businesses. These specialized forms of financing...more

Latham & Watkins LLP

European Commission Clarifies Aspects of SFDR With Additional Guidance

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The Commission has clarified requirements for financial product classifications and the definition of “sustainable investment” under the SFDR. ...more

Cadwalader, Wickersham & Taft LLP

Moving into May, April 2023 - A Lender’s Perspective on Special Purpose Entities, Alternative Investment Vehicles and Qualified...

In order for fund credit parties to maintain flexibility for investments and meet the changing requirements of investor requirements (tax, ERISA, etc.), they often need to establish multiple investment vehicles to accommodate...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

[Event] 2023 Alternative Investments Outlook - March 30th, New York, NY

Join Tannenbaum Helpern for our 2023 Alternative Investments Outlook program. This year’s event will examine the current regulatory landscape for Registered Investment Advisors, including among other topics the SEC’s...more

Goodwin

The UK Consumer Duty: The FCA’s Reminder for Private Fund Managers

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In our previous client alert, The UK Consumer Duty: Next Steps for Private Fund Managers, we explored the new consumer duty rules contained in PS22/9: A new Consumer Duty. As we noted, the duty applies to managers who provide...more

Cadwalader, Wickersham & Taft LLP

On the Side February 2023 | Issue No. 209 - Irish Investment Limited Partnerships – Updates on the Revamped Regime and Comparison...

We are often asked by clients and non-Irish law firms in the context of fund finance transactions about using fund structures established under the revamped Irish Investment Limited Partnership (“ILP”) regime, and, in...more

International Lawyers Network

Establishing A Business Entity In Cyprus (Updated)

Cyprus is an EU member state and a common law jurisdiction with a legal system similar to that of the UK. It is located at the eastern end of Europe linking 3 continents, Europe, Africa and Asia and it has a long and strong...more

Nossaman LLP

Podcast: Outliers and Oddities in Alternative Investment Documents

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Institutional investors and other limited partners are often told they must accept certain terms and provisions in alternative investment fund documents because such terms “are market.” Who is responsible for creating these...more

Dechert LLP

FCA Consumer Duty – Update on the Road to Implementation

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On 25 January 2023, the FCA published its key findings on the state of implementation of firms’ plans to embed the new Consumer Duty within their businesses. The Consumer Duty will apply from 31 July 2023 in relation to new...more

Seward & Kissel LLP

[Webinar] ESG & Alternative Investment Managers – 360 Degree View - February 8th, 12:30 pm - 1:30 pm EST

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ESG remained a hot topic throughout 2022, but what is the bottom line and how does it impact your business? Please join participants from ASC Advisors, Seward & Kissel and PRI as we preview the 2023 landscape for ESG and how...more

Dechert LLP

Luxembourg’s CSSF SFDR Guidance: What You Need to Know

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On 2 December 2022, Luxembourg’s supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF) published an FAQ that seeks to clarify certain items under the Sustainable Finance Disclosure Regulation...more

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