News & Analysis as of

Investment Advisers Act of 1940 Coronavirus/COVID-19

Goodwin

DOL Finalizes Rule Opening Door to ESG Investing in Retirement Plans

Goodwin on

Regulatory Developments - CFPB Issues Guidance on Investigation Practices by Consumer Reporting Agencies - On November 22, the DOL announced a final rule under the Employee Retirement Income Security Act (ERISA) to...more

Lowenstein Sandler LLP

2020 and Q1 2021 Developments And Annual Compliance Checklists

Summaries of recent legislative and regulatory developments with respect to: •The SEC’s Examination Priorities for 2021- •The SEC’s Focus on Digital Asset Securities- •The SEC’s New Marketing Rule... ...more

Foley & Lardner LLP

SEC Enforcement Actions Impacting Private Fund Advisers for Fiscal Year 2020

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On November 2, 2020, the SEC’s Division of Enforcement issued its 2020 Annual Report for the fiscal year ending September 30, 2020. While the Enforcement Division filed 405 standalone enforcement actions – the lowest total in...more

Nelson Mullins Riley & Scarborough LLP

Recommendations from the OCIE Regarding COVID-19 Related Compliance Risks and Considerations

The Office of Compliance Inspections and Examinations (the “OCIE”) of the U.S. Securities and Exchange Commission (the “SEC”) published a risk alert on Aug. 12 titled Select COVID-19 Compliance Risks and Considerations for...more

White & Case LLP

Leveraged Loan Update: Millennium Court Decision Confirms Syndicated Loans Are (Still) Not Securities

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The Bottom Line: On May 22, 2020, the United States District Court for the Southern District of New York concluded that broadly syndicated term loans are not "securities". This decision is highly significant to the US...more

Dechert LLP

Some Good News for the Loan Industry—Loans Are Not Securities

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Although the loan industry has long looked at loans as being obligations that arise in a commercial lending relationship, which are therefore not securities under Federal and state securities laws, the law supporting this...more

White & Case LLP

Regulatory Update: Advisers Act Filing Relief

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Relief Related to the Investment Advisers Act of 1940 On March 25, 2020, the Securities and Exchange Commission ("SEC") extended the time period for filing relief for Form ADV and Form PF.  The Order extends the following...more

Eversheds Sutherland (US) LLP

SEC provides immediate temporary flexibility to BDCs regarding asset coverage and co-investment in response to COVID-19 pandemic

On April 8, 2020, the staff of the Division of Investment Management of the US Securities and Exchange Commission (Commission) issued an exemptive order (the Order) under the Investment Company Act of 1940 (1940 Act) that...more

Proskauer Rose LLP

UPDATE: The SEC Extends Temporary Conditional Relief for Investment Advisers, Registered Funds and BDCs in Connection with...

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On Wednesday, March 25, 2020, the U.S. Securities and Exchange Commission (the "SEC") issued an order under the Investment Advisers Act of 1940, as amended (the "Advisers Act") and an order under the Investment Company Act of...more

Dechert LLP

NEWSFLASH: SEC IM Staff Updates Custody Rule FAQs to Address Issues Arising in Connection with Surprise Examinations and Certain...

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A registered investment adviser (RIA) that has “custody” of client funds or securities must comply with the provisions of Rule 206(4)-2 under the Investment Advisers Act of 1940 (Rule), including those related to the use of a...more

Morrison & Foerster LLP

SEC Extends Prior Relief Granted To Investment Advisers And Registered Funds

On March 25, 2020, the SEC issued exemptive orders replacing prior orders granting temporary relief from certain provisions of the Investment Advisers Act of 1940 (the “Advisers Act”) and the Investment Company Act of 1940...more

Alston & Bird

SEC Extends Timeframe for Regulatory Relief for Investment Advisers and Investment Companies

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Our Investment Management Team examines two new orders from the Securities and Exchange Commission that extend the deadline for filing under several sections and rules under the Investment Adviser and Investment Company Acts....more

Foley Hoag LLP

SEC Division of Enforcement Warns of COVID19 Insider Trading Risks

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On March 23, the SEC Division of Enforcement (Enforcement) issued a public statement bluntly warning issuers and insiders connected to them, along with broker-dealers and investment advisers, about the unique risks of insider...more

Eversheds Sutherland (US) LLP

SEC extends flexibility due to COVID-19

On March 25, 2020, the Securities and Exchange Commission (SEC) issued several orders (the Orders) under the Securities Exchange Act of 1934 (the “Exchange Act”), the Investment Company Act of 1940 (the 1940 Act) and the...more

Ballard Spahr LLP

SEC Extends Conditional Relief Relaxing Deadlines under the Investment Company Act and Investment Advisers Act if Affected By...

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As discussed in our prior publication, on March 13, the Securities and Exchange Commission (SEC) issued two orders under the Investment Company Act of 1940 (the Investment Company Act) and the Investment Advisers Act of 1940...more

Foley & Lardner LLP

Securities and Exchange Commission Relief for Investment Advisers to Mitigate Challenges Caused by the Coronavirus

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The Securities and Exchange Commission (SEC) has recognized that coronavirus disease 2019 (COVID-19) has caused, and may cause, disruptions that limit investment advisers’ access to facilities, personnel, and third party...more

Perkins Coie

Board Meetings In Times of COVID-19: SEC Relaxes Certain In-Person Meeting Requirements Under 1940 Act

Perkins Coie on

In light of the recent novel coronavirus (COVID-19) outbreak and the challenges it presents for boards of directors to safely travel, the Securities and Exchange Commission (SEC) issued an order on March 13, 2020, (the order)...more

Proskauer Rose LLP

SEC Provides Conditional Relief for Investment Advisers, Registered Funds and BDCs in Connection with Coronavirus Outbreak

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On Friday, March 13, 2020, the U.S. Securities and Exchange Commission ("SEC") announced the issuance of a pair of exemptive orders providing conditional relief for investment advisers, registered investment companies and...more

Benesch

SEC Relief for Investment Advisers

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On March 13, 2020, the Securities and Exchange Commission (the “SEC”) issued an order providing certain conditional relief for upcoming filings for investment advisers, both advisers registered under the Investment Advisers...more

Morgan Lewis

SEC Provides Relief for Funds and Advisers Impacted by Coronavirus (COVID-19)

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The US Securities and Exchange Commission on March 13 announced temporary regulatory relief for registered investment advisers and exempt reporting advisers as well as for registered funds, registered unit investment trusts,...more

Locke Lord LLP

SEC Provides Exemptive Relief to Investment Advisers and Investment Companies in Response to Coronavirus

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On March 13, 2020, the Securities and Exchange Commission (the “SEC”) announced two releases providing regulatory relief for investment funds and investment advisers whose operations may be impacted by COVID-19. In announcing...more

Faegre Drinker Biddle & Reath LLP

Securities and Exchange Commission Issues Emergency COVID-19 Relief to Funds and Advisers

Citing the impact of the current outbreak of coronavirus disease 2019 (COVID-19), the Securities and Exchange Commission (SEC) issued orders on March 13, 2020 under the Investment Company Act of 1940 and the Investment...more

WilmerHale

SEC Extends Deadline for Form ADV and Form PF Filing for Advisers, Disclosure Relief for Registered Funds and Business Development...

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On March 13, 2020, the Securities and Exchange Commission (SEC) issued an order (the Advisers Act Release) under the Investment Advisers Act of 1940 (Advisers Act) providing regulatory relief for investment advisers whose...more

McGuireWoods LLP

COVID-19: Securities Regulators and Industry Associations Issue Coronavirus Guidance and Relief

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As the Coronavirus, or COVID-19, continues to spread, the widespread impact on the markets, trading, firm operations, compliance obligations – every facet of the market, firms, and individuals working in the industry and...more

Winstead PC

The SEC Grants Temporary Relief Due to the Coronavirus COVID 19 Pandemic

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The Securities and Exchange Commission (the “Commission”) on Friday, March 13, 2020, granted temporary relief under the Investment Advisers Act of 1940 relative to certain filing and delivery deadlines and other requirements...more

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