This Memorandum discusses the New York City pass-through entity tax (“PTET”) election. Partnerships and S corporations with New York City resident partners, members or shareholders may elect into this tax. Once elected, New...more
On September 20th, 2022, the Securities and Exchange Commission (“Commission”) entered a settled order (“Order”) against the wealth management arm of a global financial services firm (“Firm”) for its failure to protect...more
On December 20, 2020, the Securities and Exchange Commission (the “SEC”) adopted reforms under the Investment Advisers Act of 1940, which modernized rules that govern investment adviser advertising and payments to solicitors....more
On September 27, 2022, the Securities and Exchange Commission (“Commission”) entered into a series of settled orders (“Orders”) against 15 broker-dealers and one affiliated investment adviser for widespread failures by the...more
10/4/2022
/ Broker-Dealer ,
Compliance ,
Electronic Communications ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Penalties ,
Policies and Procedures ,
Recordkeeping Requirements ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act of 1934
I. Introduction -
On December 20, 2020, the Securities and Exchange Commission (the “SEC”) adopted reforms under the Investment Advisers Act of 1940 (the “Advisers Act”), which modernized rules that govern investment...more
In June 2019, the Institutional Limited Partners Association (“ILPA”) released the third edition of its private equity industry best practices principles fostering transparency, governance and alignment of interests for...more
9/8/2022
/ Best Practices ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Governance Standards ,
Institutional Limited Partners Association (ILPA) ,
Investment ,
Investors ,
LPAC ,
Private Equity ,
Private Equity Funds ,
Special Purpose Vehicles ,
Transparency
The lines between closed-end and open-end private investment fund investment structures have blurred in recent years, as managers structure funds to hold illiquid assets in open-end funds and liquid assets in closed-end...more
On July 13, 2022, the Securities and Exchange Commission (the “SEC”) adopted amendments to its rules governing proxy voting. In addition to rescinding rules applicable to third-party proxy voting advice businesses (“proxy...more
This Memorandum highlights several important U.S. federal income tax developments in the summer of 2022, including: (i) the Supreme Court agreeing to hear an FBAR penalty case, (ii) the Internal Revenue Service (“IRS”)...more
July 6, 2022 While many alternative investment manager founders (“Founders”) opt to wind down their businesses over time, there is an increasing number who instead seek to pass the baton onto the next generation of talent at...more
In the wake of the coronavirus-induced lockdown and the realization that technology allows firms to operate virtually anywhere, many private fund managers have relocated their headquarters to other locations in order to take...more
On June 13, 2022, the Securities and Exchange Commission (“SEC”) entered a settled order (“Order”) against three of The Charles Schwab Corporation’s investment adviser subsidiaries (collectively, “Schwab”) on charges that...more
6/21/2022
/ Charles Schwab ,
Enforcement Actions ,
Failure To Disclose ,
False Statements ,
Fiduciary Duty ,
Form ADV ,
Investment Management ,
Management Fees ,
Misleading Statements ,
Robo-Advisors ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Violations