Investment Funds

News & Analysis as of

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

AIF Rulebook Updated - The Central Bank has issued a new edition of the AIF Rulebook dated March 2015 and replacing that dated September 2014. Key changes reflected in the updated edition include provisions reflecting...more

Road Map to Europe – Executing Venture Capital Deals Easily in a Complicated Landscape

The number of European startups in search of funding and full of ambition to compete on the global stage has never been greater. U.S.-based venture capital funds are in prime position to take advantage of the opportunity of...more

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

Luxembourg Fund Sector Continues to Grow - The CSSF press release 15/15 dated 26 March 2015 provides an overview of regulated UCIs at the end of February 2015 and confirms total assets under management of more than EUR...more

A New Tax System for Managed Investment Trusts – Draft Legislation Released

On 9 April 2015, the Federal Government released exposure draft legislation to introduce a proposed new tax system for eligible managed investment trusts. The changes contained in the draft legislation largely follow...more

Japanese Fund Regulatory Framework—2015 Amendment

On March 24, 2015, an amendment bill (“Amendment Bill”) to the Financial Instruments and Exchange Act of Japan (“FIEA”) was approved by the Cabinet and was submitted to the Diet for its consideration. The Amendment Bill...more

SEC Files Offering Fraud and Ponzi Scheme Cases

A staple of SEC enforcement in recent years has been offering fraud and Ponzi scheme cases. This week the Commission filed two more of these actions, one an offering fraud targeting military personnel and a second and...more

Bridging the Week - April 2015 #2

IOSCO Seeks Views on Business Continuity and Recovery Planning by Trading Venues and Intermediaries; NYS Warns on Third-Party Service Providers - The International Organization of Securities Commissions issued two...more

"What Every General Counsel Needs to Know to Comply With New Bureau of Economic Analysis Reporting Requirements"

In 1976, Congress passed legislation requiring the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce to collect information on investment flows between the United States and foreign countries. Subsequently...more

Starting a Hedge Fund: A Review of 2014 and Themes for 2015 and Beyond

Introduction - This is a follow up to our recent publication on Starting a Hedge Fund in 2015 and provides an overview of our thoughts on the start-up market in 2014 and themes for 2015 and beyond....more

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

German Investment Fund Statistics - In March 2015, the German Investment Fund Association BVI issued its latest investment statistics report as of 31 January 2015, giving an overview of the net assets and net sales...more

Financial Services Weekly News Roundup - April 2015 #2

The SEC Acts to Protect Whistleblowers Against Restrictive Confidentiality Provisions. In a development that should send HR directors and general counsels to review their form confidentiality agreements, the SEC announced...more

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

AFG and Amafi's Response to ESMA on MiFID II/MiFIR - The AFG, (Association Française de Gestion), the association representing French management companies, replied to ESMA’s consultation paper on MiFID II and MIFIR on 2...more

Developments in the Luxembourg Financial Sector

The Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier (CSSF), has recently issued FAQs regarding the immobilisation of bearer shares and units, as well as a press release to remind...more

Court of Final Appeal Makes Landmark Ruling Clarifying Professional Investors Exemption

The Hong Kong Court of Final Appeal (Court of Final Appeal) made a landmark decision on 20 March 2015 in relation to advertisements for collective investment schemes (CISs), upholding an appeal by Pacific Sun Advisors Limited...more

Fundraising Strategy: Open Dialogue

In crafting current fund investments, investors have negotiated with fund managers for greater transparency, more efficiency and more egalitarianism. Navigating these issues necessarily becomes the priority for any GP’s list...more

European High Yield and leveraged loans: Has the convergence gone too far?

The growth of the High Yield (HY) market in the leveraged finance arena has, save for a few short term downturns, continued unabated since the onset of the financial crisis. The financial crisis and the continued...more

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

EMIR: Non-Deliverable FX Forwards and Interest Rate Swap Clearing - Non-deliverable FX forwards - ESMA confirms that EMIR clearing requirements will not apply to non-deliverable FX forwards, though reserves its...more

SEC Imposes $6 Million in Penalties for Straw Purchaser Arrangement

On March 26, 2015, the SEC settled charges against 22 parties relating to arrangements by which companies not registered as broker-dealers purchased securities on behalf of Global Fixed Income, LLC (GFI) and received...more

Ameriprise Avoids Trial On Class Action Suit By Current and Former Employees With $27.5 Million Payment

In 2011, a group of current and former employees filed a class action lawsuit in the District Court of Minnesota claiming that Ameriprise Financial, Inc. and members of its 401(k) Plan fiduciary committee had breached their...more

Potential refund of Swedish withholding tax: opportunity for US RICs

In 2012, the Swedish Administrative Court of Appeal concluded that Sweden’s withholding tax rules are not compatible with EC law when Swedish withholding tax is levied on dividend payments made to a Luxembourg SICAV fund. ...more

Investment Funds Update - Europe: Key legal and regulatory updates for the funds industry from the primary European asset...

FCA Study on Competition in Investment and Corporate Banking Services - The FCA has announced plans to launch its first wholesale market study into investment and corporate banking to assess whether competition in the...more

Private placements: a new UK withholding tax exemption

The Finance (No.2) Bill 2015 contains provisions for an exemption from the obligation to deduct UK income tax from yearly interest paid on “qualifying private placements”. This measure was first announced on 3 December...more

Reminder: Certain U.S. Reporting and Compliance Obligations for Investment Advisers and Funds

The U.S. federal securities laws and the rules of U.S. self-regulatory organizations (such as the Financial Industry Regulatory Authority) impose certain reporting and compliance obligations on investment advisers and funds....more

New Swiss Disclosure Annex for Non-Swiss Funds

The Swiss Funds and Asset Management Association (SFAMA) has published a model annex setting out prescribed form disclosure statements to be included in the offering documents and other marketing materials of non-Swiss funds...more

Bridging the Week - March 2015 #4

ICE Futures Fined US $3 Million by CFTC for Reporting Errors and Untimely Response to Inquiries - The Commodity Futures Trading Commission fined ICE Futures U.S., Inc. US $3 million last week for filing allegedly...more

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