News & Analysis as of

Asset Management Liquidity

Cadwalader, Wickersham & Taft LLP

Is Cash King? April 2025 - Yale Eyes Secondaries Sale: Who’s Next?

Right after Patrick Calves wrote about “continued momentum in the secondaries market, supported by both cyclical and structural tailwinds” in last week’s FFF, Yale University’s plans to sell up to $6 billion is dominating...more

King & Spalding

Open End Credit Funds – ESMA Is Looking for Answers

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The ESMA Consultation Paper on draft regulatory technical standards on open-ended loan-originating AIFs (OE LO AIFs) under the AIFMD, published on the 12 December 2024, aims to set out the requirements which OE LO AIFs must...more

Cadwalader, Wickersham & Taft LLP

The EU Consults on Operating Conditions for Open-Ended Loan Origination Funds

The EU has issued its consultation on Regulatory Technical Standards for open-ended loan-originating AIFs operating under AIFMD II. As previously flagged, the default position under AIFMD II is that Loan Originating...more

Holland & Knight LLP

FDIC Proposes Significant Revisions to Brokered Deposit Regulations

Holland & Knight LLP on

The Federal Deposit Insurance Corporation (FDIC) announced a proposed rule that would revise brokered deposit regulations promulgated under Section 29 of the Federal Deposit Insurance Act....more

DLA Piper

Key Takeaways From the Fund Finance Association 2024 Global Leadership Summit

DLA Piper on

The Pine Cliffs Resort hosted the FFA’s 2024 Global Leadership Summit this week where key players and leaders from across the industry gathered to discuss macroeconomic, geopolitical, policy, legal, regulatory and other...more

Goodwin

Liquidity Management Under AIFMD2: RTS for Open-Ended Funds

Goodwin on

In our recent alert Loan Origination Under AIFMD2: A Guide, on loan origination under the revised Alternative Investment Fund Managers Directive (AIFMD2), we noted that the European Securities and Markets Authority (ESMA)...more

K&L Gates LLP

Checked Swing—SEC Does Not Adopt "Swing Pricing" or a "Hard Close" for Now, but Only Provides Liquidity Guidance and Amendments to...

K&L Gates LLP on

EXECUTIVE SUMMARY On 28 August, 2024, the Securities and Exchange Commission (SEC) adopted amendments to reporting forms for registered investment companies (funds) that will (1) require funds to file monthly (rather than...more

Robins Kaplan LLP

Q&A With Anne Paape, Managing Director and Senior Fiduciary Counsel at Cresset

Robins Kaplan LLP on

The Spotlight had the pleasure of sitting down with Anne Paape, managing director and senior fiduciary counsel at Cresset and Cresset Trust Company, to talk about the historic transfer of wealth many countries are undergoing,...more

K&L Gates LLP

SEC Expands "Dealer" Definition to Capture Liquidity Providers

K&L Gates LLP on

Introduction - On 6 February 2024, the US Securities and Exchange Commission (SEC) voted 3-2 to adopt two new rules that significantly expand the definitions of a “dealer” and “government securities dealer” in Sections...more

K&L Gates LLP

US Asset Management Regulatory Year in Review 2023

K&L Gates LLP on

It is a dramatic understatement to describe 2023 as a busy year in the United States for asset management regulation. With 24 rules adopted and 18 new rules or rule amendments proposed, the US Securities and Exchange...more

Cadwalader, Wickersham & Taft LLP

The UK’s Regulator Writes to Asset Managers about Liquidity Management

Alongside work being done internationally on liquidity management by the Financial Stability Board and IOSCO, the UK’s Financial Conduct Authority (“FCA”) has written to the Chief Executives of authorised asset management...more

Proskauer Rose LLP

Best Practice – The FCA's Review of Liquidity Management in Funds

Proskauer Rose LLP on

On 6 June 2023, the UK’s Financial Conduct Authority (“FCA”) published the findings of its review of liquidity management in asset managers (the “Review”). The FCA also published an accompanying “Dear CEO” letter (the...more

K&L Gates LLP

SEC Proposes Another Round of Money Market Fund Reforms

K&L Gates LLP on

I. EXECUTIVE SUMMARY - On 15 December 2021, the Securities and Exchange Commission (the SEC) proposed amendments to Rule 2a-7 under the Investment Company Act of 1940, as amended (the 1940 Act) (the Proposed Rule), which...more

Proskauer - The Capital Commitment

The Portfolio Company Playbook: Chapter 4 – Navigating Direct Liability Risks to the Fund

As litigation claims against portfolio companies have increased, so have accompanying claims asserted directly against funds (and their sponsors). Plaintiffs’ reasoning for including funds as defendants is no mystery: funds...more

Hogan Lovells

Funds and asset management regulatory news, March 2021

Hogan Lovells on

Collective investment schemes: IOSCO workstreams on liquidity risk management The International Organization of Securities Commissions (IOSCO) has launched a thematic review on the implementation in member regulatory...more

Cadwalader, Wickersham & Taft LLP

Managing Risks and Maximizing Leverage – Thinking Outside the Square

There has been considerable discussion in the market over the last 12 months about how lenders can increase liquidity and manage the risks that can arise through over-exposure to a particular sponsor, sector or product....more

Goodwin

SEC Adopts Rule Providing New Regulatory Framework For Fund-Of-Funds

Goodwin on

In the News. The Securities and Exchange Commission (SEC) announced that it adopted Rule 12d1-4 under the Investment Company Act of 1940 (the 1940 Act), providing a new regulatory framework for fund-of-funds and final...more

Hogan Lovells

Funds and asset management regulatory news, August 2020 #2

Hogan Lovells on

Liquidity mismatch in authorised open-ended property funds: FCA CP20/15 - The UK Financial Conduct Authority (FCA) is consulting, in CP20/15, on liquidity mismatch in authorised open-ended property funds....more

Hogan Lovells

Funds and asset management regulatory news, July 2020 #3

Hogan Lovells on

Role of investment managers in post-COVID-19 recovery: FCA speech - The UK Financial Conduct Authority (FCA) has published a speech by Christopher Woolard, FCA Interim Chief Executive, on the role of investment managers in...more

Dechert LLP

NEWSFLASH: COVID-19 Coronavirus – Liquidity Issues in Hong Kong

Dechert LLP on

In the midst of the current market volatility in Hong Kong, tumbling oil prices and recent U.S. stock market turbulence, one may say that the markets are in “stressed” conditions. As the impacts of the COVID-19 pandemic on...more

Akin Gump Strauss Hauer & Feld LLP

Liquidity Management in Uncertain Times

Drawing down on the full availability under a revolving credit facility can be a useful source of liquidity. However, in order to do so, a borrower must carefully analyze whether they can satisfy all conditions precedent to...more

A&O Shearman

COVID-19: Compliance and Legal Considerations for Asset Managers

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As the world responds to COVID-19, we have identified a number of compliance and legal considerations for asset managers. We summarize a select list of these in our note below....more

Eversheds Sutherland (US) LLP

Regulators have bank deposit sweep programs in their sights

Coming on the heels of the share class initiative, the US Securities and Exchange Commission (SEC) is at the initial stages of another initiative involving concerns about adviser disclosures and conflicts related to bank...more

Katten Muchin Rosenman LLP

Hybrid Funds and the Administrative Quandary

Hedge funds have evolved far beyond traditional structures and exotic instruments. Today, hedge funds seek new ways to generate returns by partially reigning in exposure to early investor withdrawals. ...more

A&O Shearman

UK Prudential Regulator Launches Consultation on Asset Encumbrance Rules

A&O Shearman on

The U.K. Prudential Regulation Authority has launched a consultation on its proposed expectations of how firms manage prudential risks associated with asset encumbrance. The PRA’s expectations are relevant to all...more

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