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Foley Governance and Regulatory Alert: Use of Derivatives by Registered Investment Companies and BDCs

On October 28, 2020, the Securities and Exchange Commission (referred to as SEC or Commission) voted to adopt new rules, and rule and form amendments, designed to provide an updated, comprehensive approach to the regulation...more

Foley Governance and Regulatory Alert: Determining Existence of Material Non-Public Information

On October 15, 2020, the Securities and Exchange Commission (“Commission” or “SEC”) announced settled charges against Andeavor LLC for internal accounting controls violations relating to a stock buyback plan it implemented...more

2021 SEC Priorities in the Fund Space

SEC Speaks, the annual PLI conference that gives practitioners the chance to hear directly from SEC Staff, was held on October 8 and 9 in a virtual setting. While the conference (like everything else) felt a bit different...more

Foley Governance and Regulatory Alert: Dangers of Chief Compliance Officer Backdating Documents

The Securities and Exchange Commission (“Commission” or “SEC”) recently instituted settled administrative and cease-and-desist proceedings against a chief compliance officer of a registered investment adviser for record...more

SEC Finds Collective Investment Trust to Violate 1940 Act

A September 30, 2020 enforcement action brought by the SEC pivoted on a failure to effectively exercise “substantial investment authority”. Day to day investment advisory services were provided by an affiliated RIA of the...more

Foley Governance and Regulatory Alert: SEC Adopts New Rule for Fund of Funds Arrangements

On October 7, 2020, the Securities and Exchange Commission (“SEC” or “Commission”) adopted a new rule, Rule 12d1-4, and related amendments designed to permit a registered investment company or business development company or...more

Foley Governance and Regulatory Alert: SEC Proposes Conditional Exemption for Finders Assisting Small Businesses with Capital...

On October 7, 2020, the Securities and Exchange Commission (“SEC” or “Commission”) voted to propose a new limited, conditional exemption from the broker registration requirements of Section 15(a) of the Securities Exchange...more

Credit Funds, Done Right, Can Be an Opportunity for Banks

Recent changes to the Volcker Rule, which become effective October 1, 2020, will permit banks and their affiliates (for convenience, “banks”) to sponsor credit funds, whose primary assets are loans and other debt instruments...more

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