News & Analysis as of

Foreign Investment Fund

Cadwalader, Wickersham & Taft LLP

Crossing the U.S. Trade or Business Line

YA Global Investments, LP (“YA Global”), a foreign investment fund that provided funding to portfolio companies in exchange for stock, convertible debentures, promissory notes and warrants, engaged U.S.-based Yorkville...more

Morgan Lewis

SCA’s Official Guidance on Marketing of Foreign Funds in Mainland UAE: Five Key Takeaways

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In collaboration with the United Arab Emirates (UAE) Securities and Commodities Authority (SCA), we set out below a summary of the forthcoming official guidance on marketing of foreign funds in the UAE mainland and outline...more

BCLP

Marketing Non-US Private Funds to US Investors

BCLP on

This February 2022 Client Alert summarizes certain key U.S. federal securities laws that non-U.S. advisers should consider before offering equity interests in non-US private investment funds in the United States....more

Miller Canfield

Biden Executive Order Strengthens and Expands U.S. Sanctions on Chinese Military Companies

Miller Canfield on

President Biden has signed an Executive Order effective August 2, 2021, affirming and expanding U.S. policy restricting the purchase and sale of publicly traded securities of listed Chinese companies with a nexus to China's...more

Hogan Lovells

Financial Services Bill introduced in UK Parliament

Hogan Lovells on

The Financial Services Bill was introduced in Parliament on 21 October 2020. According to the UK Government, the Bill is designed to “ensure the UK’s world-leading financial services sector continues to thrive and grasp new...more

Vedder Price

Investment Services Regulatory Update - February 2020

Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts – PROPOSED RULES – Agencies Propose Volcker Rule Amendments Relating to Covered Funds – On January 30, 2020, the Federal Reserve Board, FDIC, OCC, SEC and CFTC proposed...more

Vedder Price

Agencies Propose Volcker Rule Amendments Relating to Covered Funds

Vedder Price on

On January 30, 2020, the Federal Reserve Board, FDIC, OCC, SEC and CFTC proposed amendments to certain Volcker Rule restrictions relating to banking entity activities with hedge funds or private equity funds (covered funds)....more

K&L Gates LLP

Proposed Amendments to Hart-Scott-Rodino Act Regulations May Affect Domestic Managers of Foreign Investment Funds

K&L Gates LLP on

The Federal Trade Commission (FTC) has proposed amending its regulations used to determine whether a person is designated as a domestic or foreign entity under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) to...more

Dechert LLP

FINRA Proposes Amendments to Rules 5130 and 5131 Governing Purchase and Sale of Initial Equity Public Offerings and New Issue...

Dechert LLP on

The Financial Industry Regulatory Authority on July 26, 2019 filed with the Securities and Exchange Commission a proposal to amend FINRA Rules 5130 and 5131 (collectively, Rules) (Proposed Amendments).1 The Proposed...more

White & Case LLP

Nordic M&A rebounds in Q2 in return to form - Return to activity is a positive sign, but the heights of 2017 and 2018 appear to be...

White & Case LLP on

Nordic M&A activity has staged something of a comeback. Q2 2019 witnessed a sharp quarter-on-quarter rise in total value of 198% (to US$25.6 billion) versus a slight 6% fall in volume (to 259 deals), giving reason for...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Madoff: Insolvency Laws Without Borders

On February 25, 2019, the U.S. Court of Appeals (2nd Circuit) ruled that the trustee in the Chapter 11 case for Madoff Investment Securities, LLC could use the U.S. Bankruptcy Code to recover payments made between foreign...more

Kramer Levin Naftalis & Frankel LLP

Second Circuit Confirms Madoff Trustee’s Ability to Recover Foreign Transfers

The Bottom Line - In vacating judgments from both the District Court and the Bankruptcy Court of the Southern District of New York, the Second Circuit held, in In re Picard, 917 F.3d 85 (2d Cir. 2019), that the trustee...more

A&O Shearman

The Reach of Avoidance – Second Circuit Court of Appeals Holds in Madoff that Bankruptcy Code Can Be Used to Recover Subsequent...

A&O Shearman on

On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by international comity...more

Dechert LLP

Financial Services Quarterly Report - Fourth Quarter 2018: French Taxation of Carried Interest: A New Opportunity for Foreign Fund...

Dechert LLP on

A parliamentary amendment, introduced in Finance Bill 2019 and adopted on December 28, 2018 (Holroyd Amendment), completes the favorable tax framework offered to foreign fund managers considering relocation to France, by...more

Ballard Spahr LLP

Forfeiture Case Based on Alleged Elaborate $230 Million Russian Laundering and Fraud Scheme to Settle

Ballard Spahr LLP on

On the eve of trial this past Friday, the government announced an agreement to settle, subject to court approval, a major civil forfeiture action in the Southern District of New York. In the case, United States v. Prevezon...more

Latham & Watkins LLP

Marketing Non-US Private Equity Funds in the United States

Latham & Watkins LLP on

A roadmap through the various regulations and tax implications can help ensure a successful offering. Non-US private equity sponsors frequently seek to market their funds to US institutional investors. However, the...more

King & Spalding

Proposed New Regulations on Arrangement and Promotion Activity in the UAE

King & Spalding on

In early August 2016, the UAE Securities & Commodities Authority (the SCA) issued draft new regulations (the Proposed Regulations) on arrangement and promotion activity in the UAE. Only an Arabic version of the Proposed...more

A&O Shearman

MiFID II: Access to EU Markets for Third Country Investment Firms

A&O Shearman on

This note discusses the MiFID II regime for access by financial institutions located outside the EU to EU customers and markets. Full harmonisation of the access regime for third country firms has not been achieved. Instead...more

Blake, Cassels & Graydon LLP

Chinese Legal Overhaul to Impact Overseas IPOs, Private Equity Investments

On January 19, 2015, China’s Ministry of Commerce (MOFCOM) issued for comment a new draft foreign investment law that if implemented would be the most significant change to China’s foreign investment regime in at least the...more

Goulston & Storrs PC

IRS Treats U.S. Fund Manager as Agent of Foreign Investor – Subjecting Investor to US Trade or Business Taxation

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In CCA 201501013, the IRS found that an offshore fund making loans to U.S. borrowers was engaged in a U.S. trade or business where multiple loans owned by the fund were originated by an agent of the fund. This conclusion is...more

Orrick - Finance 20/20

Federal Reserve Acts to Extend Conformance Period Under Volcker Rule for Legacy Covered Funds Until July 2017

Orrick - Finance 20/20 on

On December 18, the Federal Reserve Board announced that it has acted under Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, commonly known as the Volcker Rule, to give banking entities until July...more

Foley Hoag LLP

FATCA Compliance Deadlines for December 2014

Foley Hoag LLP on

What Managers of U.S. and Non-U.S. Investment Funds Should Do Today - FATCA went into effect on July 1, 2014 and will be phased in through January 1, 2017. During that period, varying compliance deadlines apply to...more

Dechert LLP

Changes to the UK Tax Residence Rules for AIFs and Pitfalls to Avoid

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In a previous article, we reported that draft legislation had been published to extend the scope of section 363A of the Taxation (International and Other Provisions) Act 2010 to ensure that alternative investment funds (AIFs)...more

Akin Gump Strauss Hauer & Feld LLP

Form SHL: Foreign Resident’s Holdings of U.S. Securities Due August 2014

The U.S. Department of the Treasury requires U.S. resident issuers (including U.S. resident investment funds) and investment advisers managing foreign investment funds to report foreign residents’ holdings of U.S. securities,...more

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