News & Analysis as of

Investment Funds

"President Trump’s 2018 Budget Blueprint: Takeaways for Infrastructure Investors"

On March 16, 2017, the Office of Management and Budget released “America First: A Budget Blueprint to Make America Great Again” (the Blueprint), which outlines the Trump administration’s discretionary funding proposals for...more

SEC Staff Relaxes Limitations under 1940 Act to Permit Certain Global “Master-Feeder” Arrangements, Although Obstacles Remain

by Dechert LLP on

The Staff of the U.S. Securities and Exchange Commission (SEC) on March 8, 2017 issued a no-action letter (Staff Letter) in response to a request from Dechert LLP for assurance under Section 12(d)(1) of the Investment Company...more

When Confidential is Not Confidential - Identities of Confidential Sources of Distressed Debt Reporter are Not Subject to NY...

by Dechert LLP on

There is the general expectation that when a source discloses information to a reporter on a confidential basis, the source will be protected and their identity and communications cannot be forced to be disclosed. This is...more

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

EMIR - European Securities Agencies Issue Statement on EMIR Variation Margin Rules, More Entities Exempt from EMIR and ESMA Re-Affirms Commitment to Co-Operate with Non-EU Regulators on CCPs - On 23 February, the...more

Investment Funds Updatea: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

FCA Publishes Dealing Commission Review Findings - The FCA have published their findings from a review that analysed dealing commission expenditure across 31 investment managers. The policy statement on the use of...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

CSSF Press Release 17/06 Dated 13 February 2017 - The CSSF confirmed that it follows ESMA on its opinion in relation to the requirements for UCITS share classes....more

Money Market Funds Regulation Adopted by the European Parliament

On April 5, 2017, it was announced that the European Parliament voted to adopt the Money Market Funds Regulation (“MMFR“). The MMFR focuses on increasing regulation on shadow banking and investment funds and creates new rules...more

Bank of Italy Smooths the Path for Direct Debt Investment into Italy via EU Alternative Investment Funds

by McDermott Will & Emery on

International investment funds are set to benefit from measures issued by the Bank of Italy, aimed at facilitating direct investment into the country by EU alternative investment funds....more

What Do the SEC’s Recent Bitcoin Disapproval Orders Really Mean for Investors?

by Latham & Watkins LLP on

Regulators responded to a narrow question about trading bitcoin-based securities, with orders that should not limit innovation in bitcoin technologies. On March 10, 2017, the US Securities and Exchange Commission (SEC)...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

New Central Bank Investment Firms Regulations 2017 - The Central Bank published the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Investment Firms) Regulations 2017 on 13 March 2017. The new...more

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

BaFin Publishes Revised "MaComp" Covering Rules of Conduct, Organization and Transparency for Investment Services Enterprises - BaFin published the revised “MaComp” on 8 March 2017. The MaComp (Governing Rules of...more

California Law Requires Enhanced Fee Disclosure for Public Pension and Retirement Systems Investing in Private Funds

by Morrison & Foerster LLP on

Assembly Bill 2833 passed by the California legislature and signed into law by Governor Jerry Brown went into effect January 1, 2017, as California Government Code Section 7514.7 (“Section 7514.7”). It received wide support...more

Quarterly Investment Update - 1st Quarter 2017

by Perkins Coie on

Stock Market Commentary - Despite the realization that a number of Trump's fiscal policy changes, including tax reform, could face many roadblocks, investors welcomed reports of firming economic fundamentals, providing a...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

Significant Update of the General Regulations of the AMF ("GRAMF") - The Arrêté of 27 February 2017 and published to the Official Journal on 7 March 2017 has amended significantly the General Regulations of the AMF (the...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

by Dechert LLP on

Belgian FSMA Issues Two Communications on the Marketing of Units in EEA and Non-EEA AIFs - The Belgian Financial Services and Markets Authority (“FSMA”) published two communications dated 24 February 2017 on the...more

Further Update on Federal Taxation - Australian Infrastructure Investment and Privatisation

by Jones Day on

Last month, we reported in our White Paper on taxation proposals directed at infrastructure and utility privatisation transactions. Since we wrote, the Commonwealth Treasury ("Treasury") has published a policy paper directed...more

Australian Infrastructure Investment and Privatisation Update: Federal Taxation on the Agenda

by Jones Day on

At the end of January 2017, the Australian Taxation Office ("ATO") updated its draft of the Privatisation and Infrastructure—Australian Federal Tax Framework ("Framework") and issued a Taxpayer Alert TA 2017/1 on stapled...more

Private Equity Compliance with ERISA: Navigating Manager Fiduciary Duties for Funds Holding ERISA Plan Assets

by McDermott Will & Emery on

On February 28, Todd Solomon and Maureen O’Brien presented a Strafford live webinar, “Private Equity Compliance With ERISA: Navigating Manager Fiduciary Duties for Funds Holding ERISA Plan Assets”. ERISA imposes fiduciary...more

Financial Services Quarterly Report - First Quarter 2017: DIFC Lowers Cost of Entry for Fund Managers

by Dechert LLP on

The Dubai International Financial Centre (DIFC) is one of the leading financial hubs in the Middle East. Its funds regime – administered and regulated by the Dubai Financial Services Authority (DFSA) – has been updated a...more

China opens up the securities investment fund management industry: the first in a journey of ten thousand steps?

by Hogan Lovells on

On 30 June 2016, the industry self-regulating body, the Asset Management Association of China published what, on the face of it, appeared to be a fairly innocuous document entitled Questions and Answers regarding the...more

Breach of Fiduciary Duty (and Related) Claims Are Not Easily Defeated: A Case Study in Motions for Judgment on the Pleadings

by Robins Kaplan LLP on

Just what must be alleged for claims for breach of fiduciary duty to proceed past initial pleadings and into meaningful fact development? In a recent decision, the United States Bankruptcy Court for the Eastern District of...more

Infrastructure M&A: Journey to the non-core: How the European infrastructure M&A market is changing

by White & Case LLP on

HEADLINES - - Overall appetite for infrastructure investment remains strong. M&A deal value rose 75 per cent from 2010 and 2016. Deal volume grew 196 per cent over this period - The number and value of...more

OTA & Travel Distribution Update - March 10th, 2017

by Garvey Schubert Barer on

The Battle of Reports Continues [Short-Term Rentals]. By now, most everyone is likely aware of the AHLA funded study recently conducted by CBRE’s hotel division of Airbnb and its whole-unit / multi-unit hosts. The resulting...more

Infrastructure M&A: Journey to the non-core: The shift to non-core infrastructure-who’s investing where?

by White & Case LLP on

HEADLINES -   - Between 2010 and 2016, more than half (53 per cent) of all non-core infrastructure investment was made by infrastructure funds - In value terms, transport (41 per cent) and power (28 per cent)...more

Infrastructure M&A: Journey to the non-core: Six steps to non-core infrastructure success

by White & Case LLP on

Infrastructure funds are increasing their capital allocations to non-core sectors, although in doing so they will need to take on increased risk and operate outside an established regulatory environment. There are six steps...more

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