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WilmerHale

Reminder for all 13F Filers: Form N-PX is due this month - by August 31, 2024

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Mutual funds and other registered investment companies have long had an obligation to file Form N-PX, giving the SEC and the public access to how a fund voted proxies on an annual basis. New Rule 14Ad-1 under the Securities...more

Proskauer Rose LLP

Proskauer's Hedge Start: What Key Exemptions Apply to Hedge Funds?

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We have separately discussed the common exemptions from registration of a fund manager with the Securities and Exchange Commission (SEC) as an investment adviser and from registration with the Commodity Future Trading...more

Conyers

指南 在开曼群岛建立私募股权、风险投资和房地产基金

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由于高税收、复杂的金融法律以及不稳定的经济和政治等问题继续影响着在岸世界,开曼群岛作为建立私募股权、风险投资和房地产基金之地的魅力与日俱增。...more

Conyers

指南 在开曼群岛建立对冲基金

Conyers on

为了帮助基金经理确定开曼群岛是否是其基金的正确选择,我们列出了在建立对冲基金时需要考虑的一些重要因素,并介绍了相关文件和法规。 对冲基金通常为开放基金,即投资者可以定期赎回。因此,为满足此类赎回需求, 基金中必须始终有足够的现金或流动资产。...more

Stikeman Elliott LLP

Countdown to T+1: A Shorter Standard Settlement Cycle is Coming Soon

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The standard settlement cycle for certain securities in Canada and the United States will be shortened from trade date plus two business days (“T+2”) to trade date plus one business day (“T+1”) in May 2024. A shorter...more

Stikeman Elliott LLP

Pleading Breaches of Fiduciary Duties in Class Proceedings: Court of Appeal Keeps the Bar Low in Ontario

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In Boal v International Capital Management Inc.(“Boal”), the Ontario Court of Appeal (the “Court”) considered the pleading requirements for certification of a breach of fiduciary duty cause of action. In holding that it was...more

Conyers

Guide to Establishing Hedge Funds in the Cayman Islands

Conyers on

The Cayman Islands is a world leader in the establishment of offshore hedge funds. Its tax-neutral platform, stable economy, sophisticated banking sector, confidentiality and professional financial service industry are just...more

Conyers

ケイマン諸島でヘッジファンドを設立する

Conyers on

ケイマン諸島は、オフショアヘッジファンドの設立において世界をリードしています。税制中立のプラットフォーム、安定した経済、洗練された銀行部門、機密保持、専門的な金融サービス産業は、この地が世界中のヘッジファンド・マネージャーにとって魅力的である理由の一部となっています。...more

Proskauer - Employee Benefits & Executive...

Second Circuit Establishes Practical Pleading Requirement for Prohibited Transaction Claims Under ERISA Section 406(a)(1)(C)

The Second Circuit recently held that in order to state a claim for a prohibited transaction pursuant to ERISA section 406(a)(1)(C), it is not enough to allege that a fiduciary caused the plan to compensate a service provider...more

McDermott Will & Emery

Vertrieb von geschlossenen Fonds – Zur Notwendigkeit von Widerrufsbelehrungen nach dem BGB

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Beim Vertrieb von Investmentfonds und der Ausgestaltung der Fondsdokumentation sind Hinweise auf Widerrufsrechte zu beachten. Dies gilt nicht nur bei Publikumsfonds, sondern auch bei Spezialfonds, falls diese an „Verbraucher“...more

Cornerstone Research

Cornerstone Research Experts in Focus: Jules van Binsbergen

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Experts in Focus is the firm’s video and podcast series in which we interview academic experts about their research on a variety of economic and finance topics. In this video, Jennifer Juergens interviews Jules van...more

Conyers

CIMA Updates and Extends the Scope of Its Corporate Governance Guidance to Cover Both Mutual Funds and Private Funds

Conyers on

The Cayman Islands Monetary Authority (CIMA) recently issued a new Statement of Guidance for Mutual Funds and Private Funds (Corporate Governance Guidance) which: - updates the current guidance applicable to funds...more

Cadwalader, Wickersham & Taft LLP

Cinco Celebration May 2023 - One (Cayman Corporate Governance) Rule to Rule Them All ...

The growth in regulation and oversight of private equity and venture capital funds (“Private Funds”) in the Cayman Islands has again taken a step forward with the recent introduction by the Cayman Islands Monetary Authority...more

K&L Gates LLP

Fifth Circuit Affirms Dismissal of Derivative Suit Against Mutual Fund Adviser and Trustees

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The Fifth Circuit Court of Appeals recently affirmed the dismissal of a shareholder derivative suit filed against the manager and trustees of a Massachusetts business trust and SEC-registered investment company. In doing so,...more

Bennett Jones LLP

Mutual Fund Dealers Association of Canada Announces Amalgamation with Investment Industry Regulatory Organization of Canada

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On September 29, 2022, the members of the Mutual Fund Dealers Association of Canada (MFDA) and of the Investment Industry Regulatory Organization of Canada (IIROC) announced that they have approved the amalgamation of their...more

Eversheds Sutherland (US) LLP

SEC ESG crackdown - Investment funds in the crosshairs

As investors have piled into ESG-friendly mutual funds over the past several years, the SEC has begun ratcheting up scrutiny of the representations made by the advisers of those ESG investment funds. This week, the SEC...more

Morgan Lewis

ETF Roundup – Issue 7 December 2021

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UPDATE ON CRYPTO ASSETS IN ETFS - In 2018, the US Securities and Exchange Commission’s Division of Investment Management staff penned a letter to the Investment Company Institute and the Securities Industry and Financial...more

International Lawyers Network

Related to cryptocurrency? You will not be allowed to participate in organized securities trading in Russia

The Central Bank of Russia did another “shot” at the rights of cryptocurrency holders on July 19, 2021. The Bank issued an Information Letter No. IN-06-59 / 52 “On certain types of financial instruments” on this day. Now...more

K&L Gates LLP

Unintended Consequences of Wyden's Proposal to Change Tax Treatment for Mutual Funds and ETFs

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On 10 September 2021, Senate Finance Committee Chairman Ron Wyden of Oregon released a discussion draft proposing changes to partnership taxation, and to the taxation of regulated investment companies including mutual funds...more

Morgan Lewis

China Securities Regulatory Commission Responds to Foreign Asset Managers’ FMC Applications

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Feedback on recent applications to the China Securities Regulatory Commission provides some clarity on what will be expected from foreign asset managers wishing to establish fund management companies in the Chinese domestic...more

Goodwin

SEC Adopts New Regulatory Framework For Registered Fund Derivative Investments

Goodwin on

On October 28, the Securities and Exchange Commission (the “SEC”) adopted Rule 18f-4 (the “Rule”) under the Investment Company Act of 1940 (the “1940 Act”) and amended related rules designed to provide a modernized,...more

Barnea Jaffa Lande & Co.

New Investment Products: Hedged Mutual Funds and Hedged Mutual Funds of Funds

Barnea Jaffa Lande & Co. on

With the goal of expanding the public’s investment options, the Israel Securities Authority published in February 2020 a first draft of a document for public comments. The document details the core characteristics of two new...more

Eversheds Sutherland (US) LLP

What are DRMs and do you need one? SEC adopts framework for derivatives use by registered funds and BDCs

On October 28, 2020, the U.S. Securities and Exchange Commission (the SEC) voted 3-2 to adopt Rule 18f-4 (the Final Rule) under the Investment Company Act of 1940 (the 1940 Act), which establishes a comprehensive framework...more

Eversheds Sutherland (US) LLP

A step forward: SEC streamlines fund of funds arrangements for BDCs and closed-end funds

On October 7, 2020, the US Securities and Exchange Commission (the SEC) announced that it voted to adopt new rule 12d1-4 (Rule 12d1-4) under the 1940 Act and related amendments (the Final Rule) to streamline and enhance the...more

Goodwin

Financial Services Weekly Roundup: SEC Proposes Modified Disclosure Framework For Funds

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In the News. The Securities and Exchange Commission (SEC) proposed modifying the disclosure framework for mutual funds and exchange-traded funds (funds), which would create a new layered disclosure regime that attempts to...more

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