News & Analysis as of

Investment Funds

New disclosure requirements applying to EU fund distribution in 2018

by Ropes & Gray LLP on

Asset managers located inside and outside the European Union (“EU”) must comply with the new “point of sale” disclosure requirements that will apply when they distribute financial products, and investment services, to EU...more

French Elections Pave Way for Labor, Tax Reforms

In the months following the election of President Emmanuel Macron, who is perceived as pro-business, as well as a parliamentary election in which the new president’s party won the majority, companies and entrepreneurs have...more

Canadian Securities Regulators Clear a Path for Bitcoin Funds

The British Columbia and Ontario securities regulators have taken a leap forward in the regulation of bitcoin and other cryptocurrencies with the first registration of a fintech start-up, First Block Capital Inc., which...more

Africa Focus: Sub-Saharan African power projects - Credit support and enhancement

by White & Case LLP on

Counterparty credit risk continues to remain a key, often threshold concern for private sector sponsors and lenders to the majority of power projects in sub-Saharan Africa. Structuring power projects in an effort to overcome...more

Industry Responds to CSA Guidance on Cryptocurrency Offerings

The rise in popularity of cryptocurrencies and the spread of cryptocurrency offerings have attracted increased attention from securities regulators in Canada and abroad. Recently, staff of the Canadian Securities...more

EuVECA and EuSEF amended: another opportunity to succeed?

by DLA Piper on

On 14 September the European Parliament approved a revised version of the so-called EuVECA and EuSEF regulations. The Regulations no. 345/2013 on European venture capital funds (EuVECA) and no. 346/2013 on European social...more

Africa Focus: Private equity in Africa - Emerging trends

by White & Case LLP on

Private equity in Africa has come a long way since the early 1990s, which saw development financial institutions (DFIs) investing in government-initiated development projects across the continent. During that period, such...more

SEC Focuses on Initial Coin Offerings: Tokens May Be Securities Under Federal Securities Laws

by Dechert LLP on

The U.S. Securities and Exchange Commission (SEC) has recently taken several actions to make clear that it is focused on and actively monitoring the rapidly growing market for so-called “token sales” or “initial coin...more

New guidance to register as “privileged” domestic or foreign investment fund under German investment taxation law

by Dechert LLP on

Pursuant to the new German investment tax act (GITA) that will take effect of 1 January 2018, domestic and foreign resident investment funds may become subject to German corporate income tax with various German source income...more

Chris Lazarini Examines Unconscionability Claims in Arbitration Clause

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which a plaintiff filed a breach of fiduciary duty claim in federal court and opposed defendants' efforts to move the claims to arbitration. The plaintiff claimed...more

Dealmaking in an uncertain economy: Preparing the ground

by White & Case LLP on

Josh Lerner of Harvard Business School on private equity's knack for navigating uncertainty - Every day investors face risks of all kinds in the pursuit of returns, from the political to the economic, from changing...more

SEC Sanctions Adviser For Failing To Follow Its Procedures

by Dorsey & Whitney LLP on

It is axiomatic that investment advisers are required to the follow dictates of firm operating documents, internal procedures and disclosed policies and procedures. OCIE, when conducting inspections, focuses on such issues....more

Dealmaking in an uncertain economy: Currency risk: Here to stay

by White & Case LLP on

Tom Speechley, Partner at The Abraaj Group, examines how private equity GPs are managing the associated risks of currency volatility in emerging markets There is no doubt that currency volatility has been one of the major...more

Dealmaking in an uncertain economy: To hedge, or not to hedge?

by White & Case LLP on

David Fann, President and CEO, TorreyCove Capital Partners outlines some possible options for currency risk management within a private equity portfolio....more

The FMA's Annual Corporate Plan

by DLA Piper on

The Financial Markets Authority (FMA) recently issued its Annual Corporate Plan for 2017-2018 (ACP). This sets out the FMA's priorities and intended activities for the year ahead and is one of their core strategic...more

Independent Sponsors: A Critical and Evolving Deal Flow Channel

by Moore & Van Allen PLLC on

Over the past decade, the independent sponsor model has become increasingly prevalent in the lower middle market, with investors interested in private companies actively seeking to coinvest with prominent or promising...more

50 Hedge Funds and Venture Capital Firms Specializing in Crypto & Blockchain Investments

by Slim Ventures LLC on

The market capitalization of crypto currencies recently reached $181 billion. Over $1 billion of initial coin offerings (ICOs) were issued year to date by August 2017, a 5x increase of all of 2016. Here are 55 funds...more

Corporate and Financial Weekly Digest - Volume XII, Issue 33

SEC/CORPORATE - SEC Division of Corporation Finance Issues New and Updated C&DIs on Omission of Financial Information from Draft Registration Statements - Since the adoption of the Fixing America’s Surface...more

Canadian Securities Administrators provide new guidance on cryptocurrency offerings and approve exemptive relief for Canadian ICO ...

by DLA Piper on

On August 24, 2017, Staff of the Canadian Securities Administrators (the “CSA”) released CSA Staff Notice 46-307 - Cryptocurrency Offerings1 (“Staff Notice 46-307”). Staff Notice 46-307 follows the report of the Securities...more

Securities regulators provide guidance on cryptocurrency offerings

by Dentons on

In light of the recent interest in cryptocurrency and the increase in the number of cryptocurrency offerings, on August 24, 2017, staff of the Canadian Securities Administrators (Staff) published a notice to help financial...more

Bitcoin and Blockchain: Certain U.S. Regulatory Considerations for Investment Managers

by Winstead PC on

Bitcoin is the first blockchain or distributed ledger technology (“DLT”) to successfully solve a problem succinctly described by Marc Andreessen: “Bitcoin gives us, for the first time, a way for one Internet user to transfer...more

Investment Services Regulatory Update - August 2017

by Vedder Price on

On August 7, 2017, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert providing a summary of the staff’s observations from sweep exams of broker-dealers, investment advisers and funds...more

Grecian Magnesite Mining: Impact on Investments by Non-US Investors in US Funds

by Morgan Lewis on

US Tax Court decision may facilitate tax-efficient investment structures for non-US investors investing in US operating partnerships, directly or through investment funds....more

UK Tax Round Up - August 2017

by Proskauer Rose LLP on

UK Tax News and Developments - Latest on the Finance (No 2) Bill 2017 - On 20 July 2017 the government announced in Hansard that the House of Commons will, on Wednesday 6 September 2017, be asked to approve the Ways and Means...more

Cornerstone Advisory Q&A with Mike Gill

Wealth Management had the opportunity to interview Mike Gill, Portfolio Manager, and the investment committee of Cornerstone Advisory....more

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