Investment Funds

News & Analysis as of

UK Votes to Leave the European Union: What Does it Mean for Fund Managers?

Following the so-called “Brexit” referendum held on 23 June 2016, the UK has narrowly voted to leave the European Union (EU). This note briefly discusses the consequences of the vote to leave, with a particular focus on fund...more

Financial Stability Board Issues Asset Management-Related Policy Recommendations

On June 22, 2016, the Financial Stability Board (FSB) published for public consultation Proposed Policy Recommendations to Address Structural Vulnerabilities from Asset Management Activities. The document sets out 14 proposed...more

UK Financial Regulatory Developments - June 2016 #13

Commission consults on FICOD evaluation - The Commission has launched a consultation on its performance evaluation of the Financial Conglomerates Directive (FICOD). Its purpose is to assess whether the current FICOD...more

Renewable Energy Update - June 2016 #2

Renewable Energy Focus - Apple plans to sell excess rooftop solar energy from headquarters - Renewable Energy World - Jun 10 - Apple Inc. plans to sell excess electricity generated by solar panels on the roof...more

UK Financial Regulatory Developments - June 2016 #8

ESMA updates EMIR Q&A - ESMA has updated its Q&A on EMIR. The new questions address: - the clearing obligation, specifically about the self-categorisation needed to establish which counterparties belong to which...more

Cease and Desist Proceedings Against an Asset Manager for Acting as an Unlicensed Broker-Dealer

Industry participants are well-advised to review their practices to ensure compliance with the Advisers Act, and the SEC’s and SEC’s Staff’s interpretations of when registration as a broker-dealer is required....more

Blog: ESMA Publishes Updated Q&As On The Application Of The AIFMD

The European Securities & Markets Authority has published its updated questions and answers on the application of the Alternative Investment Fund Managers Directive (AIFMD). The updated Q&As include 4 new questions...more

Leonard Green & Partners Close $9.6B PE Fund

Leonard Green & Partners has announced it has closed the firm’s seventh PE investment fund with committed capital of $9.6 billion....more

Business Investment in China: Where Is the Money?

Thanks to its strategic location, vibrant entrepreneurial spirit, business environment and the wildly popular movie Beijing Meets Seattle , the Puget Sound area has quickly become one of the most popular destinations for...more

Your daily dose of financial news: The Brief – 6.2.16

Everything’s coming up Saudi these days, as Uber revealed this week that it turned to the Middle East for a $3.5 billion cash infusion from Saudi Arabia’s Public Investment Fund—the kingdom’s “main investment fund”—as part of...more

ESMA Consults on Draft Implementing Measures under the Benchmark Regulation

ESMA published a consultation paper (ESMA/2016/723) on the technical implementation of the proposed Regulation on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of...more

FinCEN Requires Financial Institutions to Obtain Beneficial Ownership

FinCEN’s new CIP beneficial owner rules may hinder the ability of shell and nominee companies to directly access the US financial system without disclosing the natural persons who own 25% or more of the company. Pooled...more

Level Two Legislation Under MiFID II on Information to be Provided by MTFs and OTFs

A Commission Implementing Regulation containing Implementing Technical Standards on the information to be provided to national regulators by investment firm and market operators of multilateral trading facilities and...more

It’s Good to be the King: Nullus Tempus Allows TN Fund’s Suit on Decade-Old RMBS Buys

Chancellor Carol McCoy allowed a Tennessee state retirement fund’s securities suit over decades-old RMBS purchases to continue last week, holding that time doesn’t run against the king – even on statutes of repose....more

UK Referendum and “Brexit”

What’s happening? - On 23 June, the United Kingdom is holding a referendum on withdrawing from the European Union. A vote to leave is forecast to have significant impacts on financial markets and participants in those...more

UK Financial Regulatory Developments - May 2016 #17

FCA publishes findings on de-risking - FCA has published the findings of the report it commissioned into the nature and scale of de-risking in the UK banking system. The report determined that...more

Your Guide to European Long-Term Investment Funds (ELTIFs)

Strengthening the European economy through sustainable growth and boosting long-term investment is currently at the forefront of the European Union’s (“EU”) economic agenda. This focus on sustainable growth is the key driver...more

New information disclosure requirements for insurance companies

The China Insurance Regulatory Commission (CIRC) recently issued the Circular on Issuing the Information Disclosure Standards for Insurance Companies on the Use of Funds No.4: Large Investments in Unlisted Shares and Large...more

Russian Legislation Update: May 2016

Currency Control - On 13 April the Government adopted Resolution No. 300 regarding, among other things, currency control bodies. Due to the abolishment of the Federal Service for Fiscal and Budgetary Supervision,...more

Global Tax News - Poland: Tax exemption for venture capital funds aims to foster innovation

It is becoming increasingly clear that the legislature is striving to make Poland a technological and digital oasis. One of the tools intended to achieve this goal is a tax exemption applicable to venture capital funds....more

Four Things You Need to Know About the Mauritius-India Protocol

International investors have frequently used Mauritius holding companies for their Indian investments, seeking to take advantage of the exemption under the India-Mauritius income tax treaty (the “Mauritius Treaty”) from...more

ASCE’s Report Update Highlights Major Infrastructure Investment Funding Gaps

Every four years, the American Society of Civil Engineers (ASCE) publishes The Report Card for America’s Infrastructure, which grades the current state of national infrastructure categories on a scale of A through F. The...more

Luxembourg Legal Publication Regime Becomes Fully Digitalized: RESA Replaces the Mémorial C

Publication of corporate documentation in accordance with Luxembourg law will become fully digitalized. Luxembourg corporate entities – including investment funds – will benefit as instant publication results in savings of...more

European Parliament Adopts Final Text of Benchmark Regulation

On May 3, 2016, the Council of the EU published the text of the proposed Regulation on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds (Benchmark...more

Carried Interest: Belgian Ruling Commission Confirms Application Of Stock Option Law

The Belgian Stock Option Law sets out the tax treatment of stock options, thereby eliminating the uncertainty as to the taxable value of the stock options. In the past, the Belgian Ruling Commission has been reluctant to...more

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