Here in is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry....more
12/12/2018
/ Annuities ,
Cryptocurrency ,
Cybersecurity ,
Enforcement Actions ,
Hedge Funds ,
Initial Coin Offering (ICOs) ,
Institutional Shareholder Services (ISS) ,
Investment Adviser ,
Investment Management ,
Investment Opportunities ,
Investment Products ,
Life Insurance ,
Mutual Funds ,
No-Action Letters ,
Opportunity Zones ,
Private Equity ,
Proxy Advisors ,
Regulatory Agenda ,
Regulatory Burden ,
Securities and Exchange Commission (SEC) ,
Tax Exemptions ,
Wealth Management
Rewards and Risks in Opportunity Zone Funds -
H.R. 1—informally known as the Tax Cuts and Jobs Act—became law on December 22, 2017. Included in the Act is a new program intended to spur the reallocation of investments...more
9/11/2018
/ Best Execution ,
Community Development ,
Economic Development ,
Exchange-Traded Products ,
Investment Funds ,
Investment Management ,
Low Income Housing ,
Low-Income Issues ,
Mutual Funds ,
New Market Tax Credits ,
OCIE ,
Opportunity Zones ,
Real Estate Development ,
Risk Alert ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
Tax Cuts and Jobs Act ,
Tax Deferral ,
Trump Administration
Regulation BI, Form CRS, Adviser or Advisor, and Fiduciary Duties of Adviser -
In a flurry of proposed rulemaking that added up to more than 900 pages of reading material, the Securities and Exchange Commission (SEC)...more
7/5/2018
/ Best Interest Standard ,
Broker-Dealer ,
Choice of Entity ,
Conflicts of Interest ,
Disclosure Requirements ,
Fiduciary Duty ,
Financial Services Industry ,
Investment Adviser ,
Investment Management ,
Investment Products ,
Liquidity Risk Management Rule ,
Regulatory Oversight ,
Regulatory Requirements ,
Required Forms ,
Securities and Exchange Commission (SEC)
SEC Issues Guidance on Mutual Fund Fee Structure -
The Securities and Exchange Commission’s (SEC) Division of Investment Management recently issued a guidance update addressing disclosure issues and certain procedural...more
1/20/2017
/ Administrative Proceedings ,
Beneficial Owner ,
Brokers ,
Business Continuity Plans ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Enforcement Actions ,
Fiduciary Rule ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
Form ADV ,
Hedge Funds ,
Insider Trading ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Management ,
IRS ,
Mutual Funds ,
OCIE ,
Private Equity Funds ,
Retail Investors ,
Retirement ,
Sales Commissions ,
SEC Examination Priorities ,
Securities ,
Securities and Exchange Commission (SEC) ,
Senior Investors
IRS Issues Proposed Regulations Providing Guidance On The Tax Qualification Of Mutual Funds -
On September 27, 2016, the Internal Revenue Service (IRS) issued proposed regulations (Proposed Regulations) that provide...more
12/15/2016
/ Beneficial Owner ,
Conflicts of Interest ,
Controlled Foreign Corporations ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
Form ADV ,
Income Taxes ,
Insider Trading ,
Investment Adviser ,
IRS ,
MSRB ,
Mutual Funds ,
OCIE ,
Passive Foreign Investment Company ,
PCAOB ,
Proposed Regulation ,
Registered Investment Companies (RICs) ,
Rule G-37 ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC)
Investment Adviser AXA Wins Excessive Fee Trial -
A federal judge in New Jersey has ruled in favor of AXA Equitable Life Insurance Company (AXA Equitable) and its wholly owned subsidiary, AXA Equitable Funds Management...more
10/27/2016
/ AXA Equitable Life ,
Beneficial Owner ,
Best Interest Contract Exemptions ,
BSA/AML ,
Business Continuity Plans ,
Conflicts of Interest ,
Customer Due Diligence (CDD) ,
Cybersecurity ,
Department of Labor (DOL) ,
Derivatives ,
Disclosure Requirements ,
Distribution Rules ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
Form ADV ,
Form N-CEN ,
Form N-PORT ,
Industry Examinations ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Management ,
Limited Liability Company (LLC) ,
MSRB ,
Mutual Funds ,
OCIE ,
Partnerships ,
Private Equity ,
RAUM ,
Reporting Requirements ,
Required Forms ,
Retirement Plan ,
Rule G-37 ,
Sanctions ,
Securities ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Securities Violations ,
SMAs
The Securities and Exchange Commission Adopts Amendments to Form ADV and Investment Adviser Act Rules -
The Securities and Exchange Commission (SEC) adopted amendments to Form ADV and Investment Advisers Act of 1940...more
9/15/2016
/ 529 Plans ,
Beneficial Owner ,
Best Interest Contract Exemptions ,
Broker-Dealer ,
Business Continuity Plans ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Derivatives ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Examination Priorities ,
Fees ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Financial Markets ,
FinCEN ,
Form ADV ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
MSRB ,
Mutual Funds ,
OCIE ,
Political Contributions ,
Private Equity ,
Registered Investment Companies (RICs) ,
Risk Alert ,
Rule G-37 ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Share Classes
SEC Enforcement Action against Private Equity Fund Adviser -
On June 1, 2016, the SEC announced that a private equity fund adviser and its principal owner agreed to pay more than $3.1 million to settle SEC charges that,...more
7/11/2016
/ Business Continuity Plans ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
Investment Adviser ,
MSRB ,
Municipal Securities Market ,
Pay-To-Play ,
Political Contributions ,
Private Equity Funds ,
Registered Investment Advisors ,
Registered Investment Companies (RICs) ,
Rule G-37 ,
Rule G-8 ,
Rule G-9 ,
Securities and Exchange Commission (SEC) ,
Securities Fraud
Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management...more
5/25/2016
/ Anti-Money Laundering ,
Bank Accounts ,
Banking Sector ,
Beneficial Owner ,
Conflicts of Interest ,
Covered Financial Institutions ,
Customer Due Diligence (CDD) ,
Cybersecurity ,
Department of Labor (DOL) ,
Derivatives ,
ETFs ,
Final Rules ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
FinCEN ,
Form N-PORT ,
Industry Examinations ,
Investment Fraud ,
Investment Management ,
NPRM ,
OCIE ,
Recordkeeping Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry.
...more
4/19/2016
/ Best Interest Contract Exemptions ,
BSA/AML ,
Charles Schwab ,
Conflicts of Interest ,
Cybersecurity ,
Department of Labor (DOL) ,
Derivatives ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Exchange-Traded Products ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
FinCEN ,
Form N-CEN ,
Form N-PORT ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Investment Fraud ,
Janus Capital Group ,
Liquidity ,
Money Market Funds ,
Mutual Funds ,
NRSRO ,
OCIE ,
Retirement Plan ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Swing Pricing ,
Variable Annuities ,
Whistleblower Awards
Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry. SEC, FINRA...more
3/25/2016
/ Anti-Money Laundering ,
Cybersecurity ,
Derivatives ,
ETFs ,
Exchange-Traded Products ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Markets ,
Fund Distribution ,
Investment Management ,
Money Market Funds ,
Mutual Funds ,
OCIE ,
Political Contributions ,
Regulatory Standards ,
Retirement Plan ,
SEC Examination Priorities ,
Whistleblowers
The use of a limited liability company (LLC) by Mark Zuckerberg and his wife Priscilla Chan as the vehicle for advancing of “philanthropic, public advocacy, and other activities for the public good” has recently received a...more
Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry. Supreme...more
The Pennsylvania Commonwealth Court unanimously held in a 7-0 decision that Pennsylvania's net operating loss (NOL) cap that limits a corporation's ability to deduct NOL carryforwards for corporate net income tax (CNIT)...more
The Bipartisan Budget Act of 2015 signed by the President Obama on November 2, 2015, creates a new IRS audit regime for all entities treated as partnerships for federal income tax purposes, including partnerships and limited...more
Below is a summary of recent investment management developments that affect registered investment companies, private equity funds, hedge funds, investment advisers, and others in the investment management industry. Schwab...more
10/15/2015
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Banking Sector ,
Banks ,
Breach of Contract ,
BSA/AML ,
Census ,
CMOs ,
Collateralized Loan Obligations ,
Compliance ,
Currency Transaction Reports (CTR) ,
Cybersecurity ,
Data Security ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Fiduciary Duty ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Institutions ,
FinCEN ,
Form ADV ,
Form N-CEN ,
Form N-PORT ,
Form N-SAR ,
Investment ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Companies ,
Investment Management ,
Investment Portfolios ,
Investors ,
Janus Capital Group ,
Lehman Brothers ,
Money Laundering ,
MSRB ,
Municipal Advisers ,
Mutual Funds ,
OCIE ,
Private Equity Funds ,
Recordkeeping Requirements ,
Regulation S-X ,
Regulatory Standards ,
Retirement ,
Retirement Plan ,
Rule 10b-5 ,
SAR ,
SCOTUS ,
Securities Act ,
Securities and Exchange Commission (SEC) ,
Suspicious Activity Reports (SARs) ,
Terrorism Funding ,
Trading Platforms ,
Whistleblower Awards ,
Whistleblowers
In This Issue:
- SEC Proposes Changes to Reporting and Disclosure Obligations for Investment Companies and Advisers
- SEC Charges Hedge Fund Executives and External Auditor for Improper Disclosure of Expense...more
6/19/2015
/ Administrative Appointments ,
Anti-Retaliation Provisions ,
Chief Compliance Officers ,
Cybersecurity ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Enforcement Actions ,
EU ,
Fiduciary Duty ,
Hedge Funds ,
Industry Examinations ,
Investment Adviser ,
Investment Funds ,
Investment Management ,
Money Market Funds ,
Municipal Advisers ,
OCIE ,
Pay-To-Play ,
Puerto Rico ,
Securities and Exchange Commission (SEC) ,
Whistleblower Awards
A person has phantom income when she or he has taxable income, but does not receive an equal amount of cash. Phantom income is generally dreaded by taxpayers and tax advisers alike. Yet, it occurs surprisingly frequently in...more
OCIE Announces 2015 Priorities -
The SEC’s Office of Compliance, Inspections and Examinations (OCIE) recently announced its selected list of 2015 examination priorities for investment advisers, broker-dealers, and...more
SEC’s Focus in 2015 -
On December 11, 2014, Mary Jo White, Chair of the U.S. Securities and Exchange Commission (SEC), gave a speech at The New York Times DealBook Opportunities for Tomorrow Conference that...more
In any merger or acquisition, parties incur costs beyond payment of the purchase price. Transaction costs can include compensatory payments (option cancellation payments, bonuses, etc.) and professional fees (legal,...more
In This Issue:
- SEC Announces First-of-Its-Kind Whistleblower Award To an Audit and Compliance Professional
- SEC Issues No-Action Letter To Allow for Amendment of a Sub-Advisory Agreement without Shareholder...more
12/18/2014
/ Anti-Retaliation Provisions ,
Auditors ,
Business Development Companies ,
Carried Interest ,
European Court of Justice (ECJ) ,
Hedge Funds ,
Investment Adviser ,
Investment Funds ,
Investment Management ,
MSRB ,
Municipal Advisers ,
No-Action Letters ,
Pay-To-Play ,
PCAOB ,
Puerto Rico ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Tax Refunds ,
Volcker Rule ,
Whistleblower Awards
The Internal Revenue Service recently proposed very well-received regulations under Section 6050P of the Internal Revenue Code (the Code) that would eliminate the requirement for financial entities to treat debt as canceled...more
A recent Financial Institution Letter provides guidance on the FDIC’s methodology when entertaining requests from banks or savings associations organized as Subchapter S corporations (S-corporation banks) to pay dividends to...more
In July 2014, the SEC settled the previously reported proceeding involving Chariot Advisors, and its former owner, Elliott Shifman, concerning charges of violating and aiding and abetting the violation of Section 15(c) of the...more
7/11/2014
/ 401k ,
Anti-Retaliation Provisions ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
EU ,
Investment Advisers Act of 1940 ,
Municipal Advisers ,
Mutual Funds ,
Sarbanes-Oxley ,
SCOTUS ,
Section 15(c) ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Treaty on the Functioning of the European Union (TFEU)