News & Analysis as of

Pooled Investment Vehicles

Cadwalader, Wickersham & Taft LLP

A Classic Commodity Ponzi Scheme Raising Novel Issues for Pools and Carbon Credits

The Federal U.S. District Court for the Northern District of Illinois entered an Order granting summary judgement for the U.S. Commodity Futures Trading Commission on July 1, 2024 and ordered $83 million in restitution and...more

Strafford

[Webinar] Corporate Transparency Act's Impact on Real Estate: Reporting Companies; Exemptions; Beneficial Ownership Reporting -...

Strafford on

This CLE webinar will examine the Corporate Transparency Act (CTA), effective Jan. 1, 2024, and its impact on real estate entities and transactions, including who is considered a "reporting company" subject to new beneficial...more

Foley & Lardner LLP

The Corporate Transparency Act and the Impact on M&A in the U.S.

Foley & Lardner LLP on

2024 ushered in a seismic shift for mergers and acquisitions (M&A) in the U.S. with the implementation of the Corporate Transparency Act (CTA). Aimed at cracking down on the misuse of shell companies and promoting ownership...more

Strafford

[Webinar] Corporate Transparency Act's Impact on Real Estate: Reporting Companies; Exemptions; Beneficial Ownership Reporting -...

Strafford on

This CLE webinar will examine the Corporate Transparency Act (CTA), effective Jan. 1, 2024, and its impact on real estate entities and transactions, including who is considered a "reporting company" subject to new beneficial...more

The Rodman Law Group, LLC

The Corporate Transparency Act Reporting Exemptions

The Corporate Transparency Act mandates certain reporting requirements for beneficial ownership information for certain companies, with the goal of preventing the illicit use of anonymous shell companies for financial crimes....more

K&L Gates LLP

The US Corporate Transparency Act: Practical Considerations for Private Fund Sponsors as the Effective Date Approaches

K&L Gates LLP on

Earlier this year, the US Congress passed the Corporate Transparency Act (CTA). The CTA will require thousands of privately held US and non-US entities to report beneficial ownership to the US Treasury Department’s Financial...more

Dechert LLP

Two Months to Midnight for Securitizations: The Corporate Transparency Act Drops on January 1, 2024

Dechert LLP on

Corporate CLO issuers, regardless of whether they are organized onshore or offshore, should generally be exempt from Corporate Transparency Act reporting requirements, although onshore CLO co-issuers will likely be subject to...more

Proskauer - Employee Benefits & Executive...

Special DOL Proxy Voting Rules Set to Take Effect on December 1, 2023 – Potential Action Items for ERISA Plan Fiduciaries

In late 2022, the U.S. Department of Labor (the “DOL”) issued final regulations (the “Final Rules”) which address the extent to which ERISA plan fiduciaries may consider environmental, social and governance (“ESG”) factors...more

Lowenstein Sandler LLP

The SEC’s Private Fund Adviser Rules Explained — Part 2: The Preferential Treatment Rule

Lowenstein Sandler LLP on

On August 23, 2023, the U.S. Securities and Exchange Commission (SEC) adopted new and amended rules under the Investment Advisers Act of 1940, as amended (the Advisers Act), to address certain conflicts of interest and...more

Dechert LLP

CLOs and Rule 3a-7 – A Port In Uncertain Regulatory Seas?

Dechert LLP on

CLOs that rely on Rule 3a-7 are exempt from several regulatory regimes that apply to traditional CLOs that rely on Section 3(c)(7) - These CLOs are structured similarly to Section 3(c)(7) CLOs, but are subject to...more

Proskauer Rose LLP

Special DOL Proxy Voting Rule Set to Take Effect on December 1, 2023 – Potential Action Items for ERISA Fiduciary Investment...

Proskauer Rose LLP on

In late 2022, the U.S. Department of Labor (the “DOL”) issued final regulations (the “Final Rules”) which address the extent to which ERISA fiduciaries may consider environmental, social and governance (“ESG”) factors when...more

Farella Braun + Martel LLP

Corporate Transparency Act Imposes New Disclosure Obligations on Business Entities Effective January 1, 2024

If you own an interest of 25% or more in any business entity or have any substantial control over any business entity (including as a manager or senior officer), or if you are responsible for legal compliance for one or more...more

Seward & Kissel LLP

Action Steps for Managers of Private Investment Funds Subject to ERISA Prior to December 1, 2023 to Address the DOL’s Rule...

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If you manage a private investment fund that is subject to Title I of ERISA and is not a feeder fund (an “ERISA Fund”), you should, before December 1, 2023, take the steps described below in order to comply with the DOL’s...more

White and Williams LLP

FinCEN Issues Final Rule Establishing Beneficial Ownership Reporting Requirements Under CTA

White and Williams LLP on

On September 29, 2022, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a final rule (the Final Rule) establishing beneficial ownership information reporting requirements for non-exempt business...more

Seward & Kissel LLP

2022 Seed Transactions Deal Points Study

Seward & Kissel LLP on

While the headwinds from the COVID-19 pandemic began to fade in 2022, new challenges emerged in the broader economy as Federal Reserve policies increased interest rates and cheap money withdrew from the system. Many of the...more

Dechert LLP

BEA’s BE-12 Benchmark Survey of Foreign Direct Investments in the United States: Implications for U.S. Asset Managers

Dechert LLP on

Financial services providers that are subsidiaries of a non-U.S. parent (or that have received substantial direct investment from abroad) should evaluate whether they are required to file the Benchmark Survey of Foreign Direct...more

Morgan Lewis - ML Benefits

Beyond ESG: Proxy Voting Provisions to Know in DOL’s ESG Rule

Much has been written, on ML BeneBits and elsewhere, about the US Department of Labor’s (DOL’s) so-called “ESG Rule” issued in November 2022 (the DOL Rule). The DOL Rule, in part, addressed the appropriate factors for an...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Trans and Cetera role out PEP

Transamerica announced that it’s partnering with Cetera Financial Group to launch a new pooled employer plan (PEP), the Cetera Advantage(k) GPS. The PEP is designed for small and midsize businesses and will be available only...more

Harris Beach PLLC

Federal Reserve Bank of New York Releases Study on Multifamily Affordable Housing Private Investment Vehicles

Harris Beach PLLC on

On March 6, 2023, the Federal Reserve Bank of New York (the “NY Fed”) released a case study analyzing the results of a survey of 15 managers of private investment vehicles in multifamily affordable housing from across the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

403(b) PEPs are great, but….

The idea that we can have 403(b) Pooled Employer Plans is great news because what could work well for 401(k) plans, may mean great stuff for 403(b) plans. The problem with 403(b) plans has always been in the non-ERISA space,...more

Dechert LLP

FinCEN Corporate Transparency Final Rule: Beneficial Ownership Information Reporting Requirements and the Potential Impact on...

Dechert LLP on

The Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) on September 29, 2022 issued a final rule (Final Rule) defining and implementing the beneficial ownership reporting requirements of Section 6403...more

Mintz Edge

FinCen Publishes Final Rule on Beneficial Ownership Requirements - a Critical Step Towards Heightened Transparency in U.S....

Mintz Edge on

On January 1, 2021, Congress passed the Corporate Transparency Act (“CTA” or the “Act”) to “better enable critical national security, intelligence and law enforcement efforts to counter money laundering, financing of...more

Moore & Van Allen PLLC

Client Alert: Beneficial Ownership Reporting at the Federal Level effective January 1, 2024

Moore & Van Allen PLLC on

Most entities formed or registered to do business in the U.S. will, beginning January 1, 2024, be required to self-report beneficial ownership information to the U.S. Treasury’s Financial Crimes Enforcement Network...more

Dechert LLP

Collateralized Fund Obligations (CFOs): The Technicolor Dreamcoat of Fund Finance

Dechert LLP on

Over the past several years as Collateralized Loan Obligations (“CLOs”) reached new and dizzying heights in issuance volume, CFOs have been quietly, and under the radar, gaining market acceptance and momentum among asset...more

Seward & Kissel LLP

AIMA Hedge Fund Confidence Index

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The AIMA Hedge Fund Confidence Index (HFCI) is a new global index which measures the level of confidence that hedge funds have in the economic prospects of their business over the next 12 months. A product of AIMA,...more

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