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Private Investment Funds

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Despite a stronger global economic outlook than we’ve seen in years, the world’s central bankers appear loath to let go of stimulus measures while lower-than-expected inflation bedevils them....more

New Developments on the Scope of the Registered Investment Adviser Exemption under Section 16 of Exchange Act

by Proskauer Rose LLP on

Hedge funds and other private investment funds can take advantage of the exemption for registered investment advisers (RIAs) under Exchange Act Rule 16a-1(a)(1)(v), the "RIA Exemption." While the exemption can be helpful, it...more

Senior Managers and Certification Regime 2018 Extension: FCA Consults

by Morgan Lewis on

The Financial Conduct Authority has published a Consultation Paper containing its proposals to expand the Senior Managers and Certification Regime to all FSMA-authorised firms; the window for providing comments to the FCA...more

The Adviser: A Quarterly Update for Private Funds

by Bryan Cave on

Jay Clayton Appointed Chairman of the SEC; Increased Examinations of Investment Advisers - Mr. Clayton was confirmed by the Senate on May 2, 2017 and sworn in as Chairman of the SEC on May 4, 2017....more

EPA Issues Recommendations to Streamline Superfund Cleanup Process and Promote Site Reuse

by White & Case LLP on

On July 25, 2017, the United States Environmental Protection Agency ("EPA") Superfund Task Force (the "Task Force") released a report that aims to improve the federal Superfund contaminated site cleanup program. The policies...more

Silver Conviction Vacated Due To Jury Instructions

Yesterday the Second Circuit (Cabranes, Wesley, Sessions, D.J.) released an opinion vacating the conviction of Sheldon Silver and remanding the case to the district court for further proceedings including a retrial. The...more

Water Infrastructure: The Current State of Funding and Considerations for Private Investors

by Sullivan & Worcester on

Almost a decade ago, EPA estimated the needed investment in our domestic water and wastewater infrastructure at approximately $105 billion; today it is estimated at over $600 billion. There is no indication thus far that the...more

Private capital update: Plenty of dry powder, but few targets of opportunity

by Thompson Coburn LLP on

If there were a few overarching themes of the first quarter of 2017 in the private capital community, they would be the following: The fundraising environment remains robust, but capital continues to flow...more

Independent Sponsors: How to Leverage This Valuable Channel for Transactions

by McGuireWoods LLP on

In an ultra-competitive deal market, investors continually look for attractive opportunities to deploy additional capital. While “independent sponsors” have been around for many years, the number of independent sponsors is at...more

Colorado to Enact Private Fund Exemption to Investment Adviser Registration

by Bryan Cave on

Colorado is catching up with many other states that have adopted state-level investment adviser registration exemptions for certain private fund advisers. Under new rules Colorado’s Division of Securities adopted on May...more

The 2017 Southern California Private Fund Advisers Roundtable

by Bryan Cave on

On May 24, 2017, Bryan Cave LLP, ALPS Alternative Investment Services, LLC, and RSM US LLP co-hosted the inaugural Southern California Private Fund Advisers Roundtable in Santa Monica, California. With more than 40 industry...more

Mexico Ministry of Energy Releases Management Terms for Independent Power Producers

by Holland & Knight LLP on

Under Mexico's Energy Reform of 2013, the power market opened for private investment sector-wide. However, the Federal Electricity Commission, or Comisión Federal de Electricidad (CFE), is still in charge for supplying basic...more

Why are more companies staying private?

Because they can…. This was the conclusion of the discussion at the SEC Advisory Committee on Small and Emerging Companies earlier in the week. The Committee discussed statistics relating to the number of companies that are...more

Reporting by private funds on Treasury Form SHC

by DLA Piper on

Every five years, the Department of the Treasury conducts a benchmark survey on the ownership of foreign securities by US residents. This data is collected on Form SHC and is next due on March 3, 2017, covering relevant...more

New Markets Tax Credits – the Best Kept Secret in Financing Public Projects

by Best Best & Krieger LLP on

Right before Thanksgiving 2016, the federal government announced the release of $7 billion of tax credits aimed at spurring private equity investment into projects in low income communities. Administered through the U.S....more

UK Government to Update Limited Partnership Rules for Private Investment Funds

by Morgan Lewis on

New legislation will introduce more flexible regime for limited partnerships. Legislation to maintain the United Kingdom’s competitive position in private investment funds has been laid before Parliament this month...more

PIPE Transactions

In a year of significant volatility, it is not surprising that there was increased reliance on PIPE (private investment in public equity) transactions. Traditionally, PIPE transactions have provided a useful capital-raising...more

2016 Proskauer Annual Review and Outlook for Hedge Funds, Private Equity Funds and Other Private Funds

by Proskauer Rose LLP on

This special report provides a summary of some of the significant changes and developments that occurred in the past year in the private equity and hedge funds space, as well as certain recommended practices that investment...more

West Coast Real Estate Update: November 2016 #1

by Holland & Knight LLP on

New Study Finds $6.7 Billion of Private Investment Along Foothill Gold Line - According to a new study, the extension of the light rail line east of Los Angeles, known as the Foothill Gold Line, has attracted billions...more

Mining in the Kingdom of Saudi Arabia — An Overview

by Shearman & Sterling LLP on

Sector Profile - Covering two million square km, the Kingdom of Saudi Arabia is the largest country by landmass in the Middle East and the 13th largest in the world. The Kingdom’s geology gives it an abundance of natural...more

New California Law Requires Increased Private Fund Fee and Expense Disclosure

by Proskauer Rose LLP on

Recent state legislative developments in California will require disclosure of certain information by private investment fund managers, primarily in the area of fees and expenses incurred by state and local pension and...more

Mass. District Court Holds Private Equity Funds Liable for a Portfolio Entity’s Pension Benefits

by Mintz Levin on

The Private Equity Practice has been getting an increasing number of calls related to the decision made earlier this spring (Sun Capital Partners III, LP v. New Eng. Teamsters & Trucking Indus. Pension Fund, 2016 US Dist....more

Private Investment Fund Managers and Other Investment Advisers May Be Affected by the U.S. Department of Labor’s New Fiduciary...

by Proskauer Rose LLP on

On April 6, 2016, the U.S. Department of Labor (DOL) issued its highly anticipated final rule addressing when a person is considered to be a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA) and the...more

SEC Applies Advisers Act Provisions to Nonadvisor Fund Service Providers

by Pepper Hamilton LLP on

The SEC continues to expand the scope of responsibilities and standards applicable to gatekeepers. In an application of the Investment Advisers Act of 1940 (Advisers Act) to the actions of a nonadviser fund service...more

Cease and Desist Proceedings Against an Asset Manager for Acting as an Unlicensed Broker-Dealer

by Pepper Hamilton LLP on

Industry participants are well-advised to review their practices to ensure compliance with the Advisers Act, and the SEC’s and SEC’s Staff’s interpretations of when registration as a broker-dealer is required....more

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