News & Analysis as of

Proposed Rules Private Equity

Akin Gump Strauss Hauer & Feld LLP

March – April 2025 Regulatory Round-Up

His Majesty’s Treasury issued consultation paper—and the Financial Conduct Authority's (FCA) Call for Input—in April, setting out proposals for a revised regime under the Alternative Investment Fund Managers (AIFM)...more

SEC Compliance Consultants, Inc. (SEC³)

A New Era for Co-Investments?

The SEC just proposed major updates that could make life easier for BDCs, closed-end funds, and their advisers when it comes to co-investing. Under the proposed relief granted to FS Credit Opportunities Corp., the SEC is...more

A&O Shearman

FCA update on PISCES and pre-application support

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The UK Financial Conduct Authority (FCA) has published an update on the Private Intermittent Securities and Capital Exchange System (PISCES) sandbox, following the consultation in December 2024 (CP24/29). PISCES will be a new...more

Ropes & Gray LLP

Potentially significant changes expected for UK fund managers

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On 7 April 2025, HM Treasury published a consultation exploring whether the UK Government should simplify the regulatory framework for alternative investment fund managers (“AIFMs”) in the UK (the “Consultation”). At the same...more

Akin Gump Strauss Hauer & Feld LLP

The United Kingdom’s Treasury and FCA Launch Consultations on Streamlined Regulatory Framework for Fund Managers

The Treasury and the Financial Conduct Authority are seeking industry views on proposals to change the regulatory framework for fund managers in the United Kingdom. On 7 April 2025, the Treasury issued a Consultation Paper...more

Latham & Watkins LLP

FCA and HM Treasury Consult on Proposals to Reform UK AIFMs Regulation

Latham & Watkins LLP on

The proposals aim to make the UK regime more proportionate and suggest different rules applying to hedge funds, venture capital firms, and private equity houses. On 7 April 2025, the FCA published a Call for Input, and HM...more

Proskauer - Regulatory & Compliance

Changes on the Horizon for UK Alternative Investment Fund Management Regulation

On 7 April 2025, HM Treasury published a consultation to overhaul the regulation of Alternative Investment Fund Managers (“AIFMs“) in the United Kingdom (“Consultation“). The Financial Conduct Authority (“FCA“) has published...more

Holland & Knight LLP

New York State Department of Health Issues Long-Awaited Guidance on Material Transactions Law

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The New York State Department of Health (DOH) has published a set of Frequently Asked Questions (FAQs) to provide guidance on the "Disclosure of Material Transactions" law that took effect on Aug. 1, 2023. Pursuant to Article...more

McDermott Will & Emery

What Private Equity Companies Should Know About the SBA’s Proposed Size Standard Recertification Rule

McDermott Will & Emery on

The US Small Business Administration (SBA) recently issued a proposed rule impacting the ability of small business government contractors to continue performance of set-aside awards following a merger or acquisition. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

One Step Closer to a Limited ‘Reverse CFIUS’ Program

On June 21, 2024, the U.S. Department of the Treasury announced a proposed rule (Proposed Rule) to impose limited restrictions on certain outbound U.S. investments in technology, as directed by Executive Order 14105....more

Lowenstein Sandler LLP

FAQs on the Committee on Foreign Investment in the United States (CFIUS) Process and Procedures

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What is a CFIUS filing, when should it be made, and what happens if a party fails to file? In passing the Foreign Investment and Risk Review Modernization Act in 2018, Congress provided CFIUS with increased resources to...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

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The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

Venable LLP

New Nursing Home Transparency Rules and Their Impact on Real Estate Owners

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There has been increasing government interest in obtaining ownership information with respect to the class of commercial real estate comprising nursing facilities. Specifically, the government is focused on nursing home...more

Brownstein Hyatt Farber Schreck

FTC Proposes ‘Comprehensive Redesign of the Premerger Notification Process’

This summer, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing extensive revisions to the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended...more

White & Case LLP

You're gonna need a bigger boat: Stormy waters ahead as the FTC proposes far-reaching changes to HSR Form

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If the proposed rule is finalized, merging parties will face expansive requirements for HSR filings and lengthy filing preparation times. On June 27, 2023, the US Federal Trade Commission ("FTC"), with the concurrence of...more

K&L Gates LLP

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

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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

Proskauer - The Capital Commitment

SEC Overreach: Insurers Underwrite?

Implications of SEC attempt to curb indemnification for private fund managers - The SEC spent 2022 making multiple and sweeping proposals to amend rules under the Advisers Act, many of which have the ability to...more

Bass, Berry & Sims PLC

Sunny Days Ahead? Key Takeaways from Bass, Berry & Sims Connect During the Annual the J.P. Morgan Healthcare Conference

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Even the threat of an unprecedented atmospheric river storm could not stop the tried and true from attending the 41st annual J.P. Morgan Healthcare Conference. With a break of sunshine on Monday, we found ourselves asking,...more

Bass, Berry & Sims PLC

SBA Proposes Accrual SBIC Licenses and Debentures as Part of SBIC Program Reform

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On October 19, the U.S. Small Business Administration (SBA) published proposed rules in the Federal Register to significantly amend the regulations governing the Small Business Investment Company (SBIC) program. The proposal,...more

Moore & Van Allen PLLC

SEC and CFTC Agree on a Single Definition of “Digital Asset” – More is Needed: Moore & Van Allen

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The Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) (collectively, the “Agencies”) jointly proposed a rule (the “Proposed Rule”) that would impact existing confidential reporting...more

BCLP

ESG Aspirations vs. Operations - Momentum in Emerging Greenwashing & Diligence Risks

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Increasing focus on ESG related progress is both commendable and imperative. The scrutiny extends beyond renewables, alternative energy, industrials and carbon impact, to all facets of global business including banks and...more

Morgan Lewis

SEC Proposes Sweeping New and Amended Rules under Advisers Act to Overhaul Private Fund Industry

Morgan Lewis on

In the span of two weeks, the US Securities and Exchange Commission (SEC) has proposed rules that would significantly overhaul the regulation of the private fund industry. Specifically, on January 26, the SEC issued proposed...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Proposes New Disclosure Rule for Security-Based Swap Positions

On December 15, 2021, the Securities and Exchange Commission (SEC) voted 3-2 to approve proposed rules that, among other things, would add new Rule 10B-1 to require a prompt disclosure of large security-based swap (SBS)...more

Hogan Lovells

SEC proposes rules to prevent fraud and promote transparency in the use of credit default swaps and other security-based swaps

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Some investors have used credit default swaps in recent years to manufacture credit events and for other purposes related to activist conduct. In response to criticisms of these practices and in particular to a perception...more

BCLP

SEC Proposes Limited Exemption for Persons Acting as “Finders” in Private Capital Transactions to Accredited Investors

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The SEC announced on October 7, 2002 that it had approved, by vote of 3-2, a proposed limited conditional exemption for individuals acting as “finders” in private market transactions with accredited investors. ...more

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