The US Securities and Exchange Commission (SEC), by a 3-2 vote, recently adopted amendments to registered fund reporting requirements on Form N-PORT and Form N-CEN and provided guidance on open-end funds’ liquidity risk...more
On September 20, 2023, in a 4-1 vote, the US Securities and Exchange Commission (SEC) adopted amendments (the Amendments) to the rule governing fund names, which impose new disclosure, compliance, reporting, and recordkeeping...more
In a 3-1 vote, the US Securities and Exchange Commission on May 25 proposed amendments to Rule 35d-1 under the Investment Company Act of 1940 (the Names Rule) that, if adopted as proposed, could cause new entrants and...more
In a 3-1 vote on May 25, 2022, the US Securities and Exchange Commission (SEC) approved a proposed environmental, social, and governance (ESG) rulemaking for investment advisers and funds. The proposed rule and form...more
US President Joseph Biden’s recent executive order outlines the administration’s first take on regulating the digital asset industry, which includes cryptocurrency and non-fungible tokens. The order lays out six policy...more
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
12/15/2021
/ Bitcoin ,
Cryptocurrency ,
Digital Assets ,
ETFs ,
Exchange-Traded Products ,
Investment Company Act of 1940 ,
Investment Funds ,
Investment Management ,
Mutual Funds ,
Registered Investment Companies (RICs) ,
Securities and Exchange Commission (SEC) ,
Shareholder Approval
Recently proposed tax legislation, if enacted, would fundamentally alter the taxation of exchange‑traded funds. This LawFlash discusses the potential consequences of such legislation on industry participants, including retail...more
9/23/2021
/ Capital Gains ,
Commodity Pool ,
ETFs ,
Exchange-Traded Products ,
Grantor Trusts ,
Internal Revenue Code (IRC) ,
Publicly-Traded Companies ,
Qualifying Income ,
Registered Investment Companies (RICs) ,
Retail Investors ,
Tax Reform ,
Tax Revenues
Rule 12d1-4 under the Investment Company Act of 1940 permits funds to enter into “funds of funds” arrangements notwithstanding the prohibitions of Section 12(d)(1) of the Act of 1940, provided that certain conditions are met....more
5/3/2021
/ Asset Management ,
Derivatives ,
Environmental Social & Governance (ESG) ,
Financial Services Industry ,
Fund Managers ,
Fund of Funds ,
Investment ,
Investment Funds ,
Registered Funds ,
Regulatory Requirements ,
Valuation
On October 28, 2020, the US Securities and Exchange Commission (SEC) voted 3–2 to adopt Rule 18f-4 (the Rule) under the Investment Company Act of 1940 (the Investment Company Act), which will replace decades-old SEC and staff...more
GENERIC LISTING STANDARDS FOR ETFS RELYING ON RULE 6C-11 APPROVED -
The US Securities and Exchange Commission (SEC) has approved generic listing standards proposed by NYSE Arca, Inc., Cboe BZX Exchange, Inc., and The Nasdaq...more
5/7/2020
/ Coronavirus/COVID-19 ,
Derivatives ,
Disclosure Requirements ,
ETFs ,
Exchange-Traded Products ,
Financial Markets ,
Investment Management ,
Listing Standards ,
Relief Measures ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Securities Transactions
The US Securities and Exchange Commission, Financial Industry Regulatory Authority, Commodity Futures Trading Commission, and National Futures Association have each announced temporary regulatory relief for market...more
The US Securities and Exchange Commission (SEC) unveiled in final form the regulatory framework that will govern the operation of most exchange-traded funds (ETFs) going forward. Rule 6c-11 (Rule) under the Investment Company...more
A joint statement issued by the staffs of the SEC and FINRA provides insight into the issues under consideration regarding broker-dealer custody of digital asset securities, such as initial coin offerings. The SEC and FINRA...more
The US Securities and Exchange Commission staff provides new no-action relief to fund boards of directors from in-person voting requirements under certain circumstances....more
The new rule would permit registered funds to invest in other registered funds beyond the limits of Section 12(d)(1) of the Investment Company Act of 1940 without the need to obtain individual exemptive orders from the US...more
The National Futures Association (NFA) announced the effective date of its interpretive notice that establishes virtual currency disclosure requirements applicable to futures commission merchant, introducing broker, commodity...more
The National Futures Association’s proposed virtual currency disclosure requirements would be applicable to futures commission merchant, introducing broker, commodity pool operator, and commodity trading advisor member firms....more
The new rule would permit ETFs to operate without the need to obtain individual exemptive orders from the US Securities and Exchange Commission....more
New standards are expected to simplify and expedite the process of launching an actively managed ETF.
On July 22, the US Securities and Exchange Commission (SEC) issued orders approving proposals by Bats BZX Exchange,...more
On December 11, 2015, the US Securities and Exchange Commission (SEC) voted 3–1 in favor of proposing a new rule—Rule 18f-4 (Proposed Rule) under the Investment Company Act of 1940 (1940 Act). If adopted, the rule will have a...more
If adopted, the proposed requirements would significantly alter funds’ ability to enter into derivatives and other financial transactions, present new operational challenges, expand reporting requirements, and impose new and...more
Withdrawal comes within days of SEC Chair White and Commissioner Aguilar issuing public statements regarding ETFs.
On October 19, the US Securities and Exchange Commission (SEC) published a notice stating that NYSE Arca,...more
10/29/2015
/ ETFs ,
Exchange-Traded Products ,
Investor Advisory Committee ,
Liquidity ,
Listing Standards ,
NYSE ,
Pricing ,
Proposed Regulation ,
Public Comment ,
Securities and Exchange Commission (SEC) ,
Transparency
In the second step of its five-part plan to enhance registered funds regulations, the SEC has proposed new requirements on portfolio liquidity, risk monitoring, and board oversight.
At an open meeting held on September...more
9/28/2015
/ Comment Period ,
Disclosure Requirements ,
ETFs ,
Investment Company Act of 1940 ,
Liquidity Risk Management Rule ,
Mary Jo White ,
Mutual Funds ,
New Regulations ,
Proposed Regulation ,
Registered Funds ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Share Redemption ,
Shareholders ,
Swing Pricing
The SEC needs more time to consider generic listing standards for active ETFs.
On September 2, the US Securities and Exchange Commission (SEC) published a notice (Notice) designating a longer period of time to consider...more