News & Analysis as of

Asset Management Proposed Rules

Akin Gump Strauss Hauer & Feld LLP

FCA to Permit Research Bundling

The Financial Conduct Authority (FCA) is seeking views on proposed rules that would allow asset managers to opt for bundled payments for third-party investment research, reversing a significant aspect of the UK’s...more

White & Case LLP

FinCEN Again Proposes Sweeping AML Requirements for Registered Investment Advisers & ERAs

White & Case LLP on

On February 13, 2024, FinCEN proposed a long-awaited rule to combat illicit finance and national security threats in the asset management industry. The new rule would impose similar requirements on investment advisers that...more

K&L Gates LLP

Emerging and Mid-Sized Managers: Preparing for the FTC's Proposal to Eliminate Non-Competes

K&L Gates LLP on

On 5 January 2023, the Federal Trade Commission (the FTC) published a proposed rule (the “Proposed Rule”) that would broadly ban companies from entering into noncompete agreements with their workers, rescind substantially all...more

Dechert LLP

SEC Reopens Comment Period for Beneficial-Ownership Reporting Requirements Rule Proposal

Dechert LLP on

The U.S. Securities and Exchange Commission (the “SEC”) announced on April 28, 2023, that it has reopened the comment period for its February 2022 Modernization of Beneficial Ownership Reporting rule proposal (the “Proposed...more

Stinson LLP

SEC Proposes Enhanced Safeguarding (Custody) Rule for Registered Investment Advisers

Stinson LLP on

On February 15, 2023, the U.S. Securities and Exchange Commission (SEC) proposed to exercise its authority by amending and re-designating Rule 206(4)-2 under the Investment Advisers Act of 1940 (the Custody Rule)....more

Alston & Bird

Structured Finance Spectrum – February 2023

Alston & Bird on

Welcome to the latest edition of the Spectrum, covering hot-topic issues in the structured finance markets in the U.S. and UK. This edition features a new year for a new UCC Article 12, a farewell to LIBOR, and an appraisal...more

Dorsey & Whitney LLP

SEC Proposes New Rule Regarding the Safeguarding of Client Assets

Dorsey & Whitney LLP on

On February 15, 2023, the Securities and Exchange Commission (the “SEC”) proposed changes that would amend and re-designate Rule 206(4)-2 (the “Custody Rule”) under the Investment Advisers Act of 1940 (the “Advisers Act”) as...more

Hogan Lovells

SEC releases long-awaited ESG proposal for investment companies and investment advisers

Hogan Lovells on

On 25 May, the Securities and Exchange Commission (the SEC) introduced a proposal to amend certain rules and forms under the U.S. Investment Advisers Act of 1940 (the Advisers Act) and the U.S. Investment Company Act of 1940...more

K&L Gates LLP

Proposed Money Market Fund Reforms Related to Negative Interest Rates Favor Conversion to Floating NAV and Prohibit Other...

K&L Gates LLP on

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 governs the structure and...more

Dechert LLP

ESG Snapshot: Overview of the ESG driven amendments to MiFID

Dechert LLP on

What is the law/regulation? Following a consultation that ran between May and June 2018, the European Commission published a draft delegated regulation in January 2019 (the “ESG Regulation”). The ESG Regulation amends the...more

Eversheds Sutherland (US) LLP

Videocast: Asset management regulation in 2020 videocast series – The SEC’s proposed accredited investor definition

Investor access to private funds is expanded under the SEC’s proposed rule amending the “accredited investor” definition. In this Bottom Line videocast, Michael Voynich and Nicholas Rinaldi discuss: the impact to Regulation...more

Eversheds Sutherland (US) LLP

Videocast: Asset management regulation in 2020 videocast series – Investment company developments

In 2020, investment companies should be prepared for important compliance deadlines and likely US Securities and Exchange Commission (SEC) rulemakings. In this Bottom Line videocast, Cynthia Beyea and Ronald Coenen Jr....more

Dechert LLP

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

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FCA Consults on Rules for Post-Brexit Temporary Permissions Regime for Incoming EEA Firms and Funds - The UK government is proposing to implement a “temporary permissions regime” to cover “inbound” European Economic Area...more

Vedder Price

Investment Services Regulatory Update - July 2018

Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts - PROPOSED RULES - SEC Proposes New Rule to Permit Certain ETFs to Operate Without an Exemptive Order - On June 28, 2018, the SEC issued a proposed new rule under the...more

Vedder Price

Investment Services Regulatory Update - November 2017

Vedder Price on

New Rules, Proposed Rules, Guidance and Alerts - SEC STAFF GUIDANCE AND ALERTS - SEC Staff Issues No-Action Letters to Facilitate Cross-Border Compliance with the Research “Unbundling” Provisions of the European...more

Dechert LLP

Investment Funds Update: Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Dechert LLP on

FCA Publishes Draft Rules to Extend the Senior Managers and Certification Regime to all Firms - The FCA published its long-expected consultation paper (CP17/25) on 26 July, with proposed rules to extend the senior managers...more

Broker-Dealer Compliance + Regulation

CFTC Proposed Registration Relief for Non-U.S. Futures Commission Merchants, Commodity Pool Operators, Commodity Trading Advisors...

On July 27, 2016, the U.S. Commodity Futures Trading Commission (“CFTC”) proposed amendments to its rules (“Proposed Rules”) that loosen the conditions for exemption from registration as a futures commission merchant (“FCM”),...more

Morgan Lewis

CFTC Proposes Permanent Registration Relief to Certain Non-US Asset Managers

Morgan Lewis on

The amendments to the CFTC’s registration rules will codify no-action relief that permits non-US asset managers to rely on an exemption from the requirement to register with the CFTC by virtue of trading uncleared swaps in...more

Morgan Lewis

SEC Proposes Business Continuity and Transition Plan Requirements for Investment Advisers; Staff Issues Guidance for Registered...

Morgan Lewis on

On June 28, 2016, the US Securities and Exchange Commission (SEC) proposed new Rule 206(4)-4 (Proposed Rule) under the Investment Advisers Act of 1940, as amended (Advisers Act) and also proposed amendments to certain...more

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