News & Analysis as of

Alternative Investment Fund Managers Directive (AIFMD) Due Diligence

Cadwalader, Wickersham & Taft LLP

Teaming Up for Term Loans February 2024 - Luxembourg and the Cayman Islands: A Comparative Analysis of Two Leading Fund Finance...

Luxembourg and the Cayman Islands are two of the world’s leading fund formation jurisdictions, and account for a large portion of the private equity funds domicile market. Most private equity fund structures are comprised of...more

Akin Gump Strauss Hauer & Feld LLP

EU Commission Report on the Functioning of the EU Securitisation Regulation – Considerations for the CLO Market

Key Points - The European Commission (“EU Commission”) has published its report on the functioning of the EU Securitisation Regulation which contains the EU Commission’s assessment of a number of key aspects of the...more

BCLP

FCA finalises its rulebook for the new UK authorised open-ended fund to invest in illiquid assets: the Long Term Asset Fund (LTAF)

BCLP on

The FCA’s Policy Statement published on 25 October 2021 provides feedback to its May 2021 consultation (the Consultation) and sets out the final rules and guidance for the new authorised open-ended fund regime to invest in...more

King & Spalding

ESG Regulation Watch: EU Developments

King & Spalding on

The Sustainable Finance Disclosure Regulation (SFDR) - The SFDR is part of a package of measures introduced to implement the EU action plan on sustainable finance which aims to push more capital towards sustainable...more

Latham & Watkins LLP

FCA Publishes Review of Asset Managers’ Implementation of MiFID II Product Governance Rules

Latham & Watkins LLP on

FCA found instances of non-compliance with the product governance rules which, in its view, increases the risk of investor harm. Background - On 26 February 2021, the FCA published a webpage setting out eight asset...more

Dechert LLP

ESG Snapshot: Overview of the ESG Driven Amendments to AIFMD and the UCITS Directive

Dechert LLP on

What is the law/regulation? As part of a number of regulatory initiatives being implemented in the European Union, under its action plan for financing sustainable growth, proposed amendments to AIFMD  and the UCITS Directive...more

Cadwalader, Wickersham & Taft LLP

EU to Require Insolvency Opinions in Relation to U.S. Sub-Custodians Under the EU AIFMD Regime

From April 2020 depositaries under the EU Alternative Investment Fund Managers Directive (“AIFMD”) will need to obtain independent legal advice regarding the protections under U.S. insolvency law afforded to the assets under...more

Dechert LLP

Private fund side letters: common terms, themes and practical considerations

Dechert LLP on

Side letters are an (increasingly) common way of formalising negotiated arrangements between a private fund and an investor. Whilst used more widely in the closed-ended fund context (given the limited withdrawal rights...more

Cadwalader, Wickersham & Taft LLP

Securitisation: Keeping it Simple?

On 30 September 2015, the European Commission (the “Commission”) published a proposal for a regulation (the “Proposed Regulation”)1 intended to harmonise existing EU laws applying to securitisations (including proposed...more

Dechert LLP

A Borrower and a Lender Be: Irish Central Bank’s Loan Origination Fund Rules

Dechert LLP on

There has been an increasing focus within Europe on alternatives to bank-based credit. Loan origination funds, which look to source loan assets for their investment portfolio by directly originating loans (rather than...more

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