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SEC Proposes Rule for Funds in Making Good-Faith Fair Value Determinations

On April 21, 2020, the U.S. Securities Commission (the “SEC”) proposed a new rule under the Investment Company Act of 1940 (the “1940 Act”) to govern the valuation practices and the role of boards of directors regarding the...more

SEC Extends Securities Offering Reforms to Closed-End Funds and Business Development Companies

On April 8, 2020, the Securities and Exchange Commission (SEC), adopted amendments that would allow business development companies (BDCs) and registered closed-end funds (CEFs), to use the securities offering rules that are...more

A Summary: Changes to Exemptive Relief and Disclosure Requirements under the New ETF Rule

On September 26, 2019, the Securities and Exchange Commission (the SEC) adopted a final rule under the Investment Company Act of 1940 (the “Investment Company Act”) that will enable most exchange-traded funds (“ETFs”) to...more

SEC Adopts Rule to Allow Most ETFs to Operate without an Order (With Strings Attached)

The Securities and Exchange Commission adopted a long-awaited exemptive rule that will allow most exchange-traded funds (ETFs) to operate without an exemptive order, subject to various conditions. The final rule, which the...more

SEC Proposes Changes to Regulatory Framework of Fund of Funds Arrangements

The Securities and Exchange Commission (the SEC) has proposed rules that would modernize the “fund of funds” rules. The rules would replace a patchwork of exemptive rules and orders, with the goal of a “consistent and...more

SEC’s Proposed Rule 6c-11 Would Level the ETF Playing Field

The Securities and Exchange Commission on June 28, 2018 proposed a long-anticipated rule that would allow most exchange-traded funds (ETFs) to operate and come to market without applying for individual exemptive orders. If...more

New SEC Staff Guidance Broadens the Applicability of 1940 Act Exemption for Mortgage Securitizers

In a no-action letter dated February 12, 2018, the SEC expanded the scope of Section 3(c)(5)(C) of the Investment Company Act to apply to a sponsor of multiple securities trusts that hold whole mortgage loans....more

New Liquidity and Swing Pricing Rules for US Mutual Funds

On October 13, 2016, a unanimous US Securities and Exchange Commission adopted far-reaching rules intended to address mutual fund liquidity risks. On the same day and by a divided (two to one) vote, the SEC adopted new mutual...more

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