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Private Funds Regulatory Requirements

Katten Muchin Rosenman LLP

SEC Expands the Ability of Registered Closed-End Funds to Invest in Private Funds

Since 2002, the staff of the US Securities and Exchange Commission (SEC) consistently issued comments during the registration statement review process to closed-end funds (CEFs) registered under the Investment Company Act of...more

Ropes & Gray LLP

[Podcast] Navigating the SEC's New Marketing Rule FAQ Guidance

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On this Ropes & Gray podcast, Alyssa Horton and Colleen Meyer, both counsel in the private funds regulatory group, explore the recent SEC staff guidance on the Marketing Rule. They discuss the new FAQs issued on March 19,...more

Ropes & Gray LLP

SEC Drops 15% Limit in Private Funds for Retail Closed-End Funds

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Statements earlier this week by SEC Chairman Paul S. Atkins and by Division of Investment Management Director Natasha J. Greiner indicate that the SEC staff will no longer require retail closed-end funds to limit their...more

Mayer Brown Free Writings + Perspectives

The SEC Spoke:  Private Fund Changes Coming

At yesterday's Practising Law Institute’s SEC Speaks program, Securities and Exchange Commission (“SEC”) Chair Paul Atkins shared his views on a wide range of topics.  Chair Atkins touched on innovation at the SEC, FinHub and...more

Womble Bond Dickinson

The Regulatory Horizon: Legal Frameworks for Commercial Fusion Power

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This is the ninth article in Womble Bond Dickinson’s Energy & Natural Resources thought leadership series titled “Going Nuclear: A Sustainable Solution to Rising Energy Demand.” The series will explore the changing landscape...more

King & Spalding

What is new in: Private Credit Secondaries

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Private credit funds have ballooned across the industry to bridge the funding gap which followed the great financial crisis and the resulting regulation of traditional financial institutions. The maturing private credit...more

Proskauer - The Capital Commitment

ESG in 2025: Finding the Sweet Spot in a Complex World

With ESG regulation now well embedded across all major jurisdictions, the trend we see for 2025 is about increasingly sophisticated triangulation by private fund managers between the regimes that apply by default (such as...more

K&L Gates LLP

What a Relief! Co-Investments Get Easier for Interval Funds, Tender Offer Funds, and Business Development Companies

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The US Securities and Exchange Commission (SEC) has approved a streamlined framework for co-investments involving certain closed-end funds and business development companies (together, Regulated Funds)....more

Seward & Kissel LLP

May 30 Deadline for BE-10 Reports

Seward & Kissel LLP on

The BE-10 is the quinquennial Benchmark Survey of U.S. Direct Investment Abroad that is conducted by the U.S. Bureau of Economic Analysis (the “BEA”) to obtain data on the financial structure and operations of U.S. parent...more

Carey Olsen

British Virgin Islands investment funds - Spring 2025 update

Carey Olsen on

Our investment funds team outline the latest developments within the investment funds market in the British Virgin Islands ("BVI"), including the funds statistics from the British Virgin Islands Financial Services Commission...more

Proskauer - The Capital Commitment

Top Ten Regulatory and Litigation Risks for Private Funds in 2025

Confession: writing this in May 2025, we cannot predict with confidence what the rest of 2025 will bring. The year has already seen four months of change and upheaval – political, regulatory, and economic. The new US...more

Carey Olsen

Cayman Islands investment funds - Spring 2025 update

Carey Olsen on

Our investment funds team outline the latest developments within the investment funds market in the Cayman Islands, including the further changes to the Beneficial Ownership Regime, recent regulatory publications, CIMA annual...more

Conyers

Attention! Know the Regulatory Obligations of Your Cayman Closed-Ended Fund (UPDATED)

Conyers on

The Cayman Islands is a pre-eminent offshore funds jurisdiction. In fact, with just over 30,000 registered funds as at 30 March 2025, over 17,000 of which are closed-ended funds, Cayman accounts for around 68% of funds set up...more

Proskauer Rose LLP

SEC Set to Approve More Flexible Co-Investment Relief for BDCs and Closed-End Funds

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On April 3, 2025, the U.S. Securities and Exchange Commission (“SEC”) issued a notice indicating its intent to grant Franklin Square’s (“FS”) exemptive relief application (the “FS Application”) permitting certain business...more

White & Case LLP

SEC Enforcement 2.0: Chairman Atkins Has Arrived

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Paul Atkins has taken the reins of the US Securities and Exchange Commission (SEC). After being confirmed by the Senate on April 9, Atkins officially began his tenure as SEC Chairman on April 21. His arrival is expected to...more

K&L Gates LLP

Europe: UK’s FCA Intensifies Scrutiny on Private Markets Valuations

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The UK’s Financial Conduct Authority has published the findings of its multi-firm review of valuation processes for private market assets. This review follows the highlighting of vulnerabilities in private markets stemming,...more

Ropes & Gray LLP

SEC Notices Simplified Co-Investment Relief: A Sigh of Some Relief for Regulated Funds and Their Affiliates

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On April 3, 2025, the SEC filed a notice of intent to grant FS Credit Opportunities Corp. et. al.’s (“FS”)1 amended application for an order permitting certain business development companies (“BDCs”) and closed-end management...more

Eversheds Sutherland (US) LLP

SEC provides green light to new exemptive relief

The SEC recently issued a notice with regard to a new model of co-investment relief and issued the first exemptive order for multi-class relief to a private BDC. This legal alert discusses both new developments....more

A&O Shearman

UK seeks feedback on revisions to regulation of alternative investment fund managers

A&O Shearman on

The HM Treasury (HMT) has launched a consultation on proposals to revise the legislative regime applicable to Alternative Investment Fund Managers (AIFMs) and the depositories they use. The government intends to use the...more

Walkers

AIFMD II: Timeline to implementation - One year on

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On 15 April 2024, the Alternative Investment Fund Managers Directive II (AIFMD II) as regards delegation arrangements, liquidity risk management, supervisory reporting, the provision of depositary and custody services and...more

Katten Muchin Rosenman LLP

April Welcomes More Flexible Co-Investment Exemptive Relief Under the Investment Company Act of 1940

On April 3, the US Securities and Exchange Commission (SEC) approved an exemptive application1 that allows for a more flexible co-investment transaction approval process. This new relief simplifies the process followed by...more

Cozen O'Connor

SEC Chair Nomination Hearing – A Legal Update

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On March 27, 2025, the Senate Banking Committee (Committee) held Paul Atkins’ confirmation hearing for Chairman of the U.S. Securities and Exchange Commission (SEC or Commission). Below are some highlights, observations, and...more

Proskauer Rose LLP

New Tariffs, Old Issues: Post-Liberation Day Advisers Act Considerations for Private Fund Managers

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Markets remain exceptionally volatile following the announcement of the U.S. “Liberation Day” tariffs and retaliatory measures from other countries. While the ultimate path of policy remains uncertain, recent developments are...more

Mayer Brown Free Writings + Perspectives

Senate Banking Committee Advances Nomination of Paul Atkins as SEC Chair

On March 27, 2025, the US Senate Committee on Banking, Housing, and Urban Affairs (the “Committee”) convened in an open session to consider the nomination of Paul Atkins as Chair of the Securities and Exchange Commission...more

Paul Hastings LLP

SEC Updates Marketing Rule and Form PF FAQs in Short Succession

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On March 19, the SEC issued updates to its FAQs regarding compliance with Rule 206(4)-1 of the Advisers Act (the Marketing Rule) addressing (i) when gross and net performance are required for certain “extracted” performance,...more

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