News & Analysis as of

Securities and Exchange Commission (SEC) Collective Investment Schemes

Hogan Lovells

UK – New statutory instrument on cryptoasset staking

Hogan Lovells on

On 9 January 2025, the widely anticipated Statutory Instrument exempting cryptoasset staking from the meaning of “collective investment schemes” as defined under the Financial Services and Markets Act 2000 (FSMA 2000) was...more

Carlton Fields

Mutual Funds vs. Collective Investment Fund: Equal Investor Protection on the Horizon?

Carlton Fields on

For more than a year, SEC Chair Gary Gensler has, in some public forums, been mentioning concerns about gaps in the regulation of collective investment funds (CIFs), as compared to that of registered open-end investment...more

Mayer Brown Free Writings + Perspectives

House Passes Expanding Access to Capital Act

On March 8, 2024, the House of Representatives passed the Expanding Access to Capital Act, H.R. 2799, which we had previously posted on the blog. ...more

Moore & Van Allen PLLC

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

Moore & Van Allen PLLC on

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

Carlton Fields

Collective Investment Trust Muddle

Carlton Fields on

SEC Divided on Securities Law Exemptions - SEC Commissioner Hester Peirce in October published an explanation of her dissent from an SEC enforcement action concerning certain collective investment vehicles established by a...more

Morgan Lewis

Common and Collective Investment Funds: SEC Action Warrants Attention but Offers Limited Guidance

Morgan Lewis on

A recent enforcement action (Proceeding) by the US Securities and Exchange Commission (SEC) against a state-chartered trust company (Trust Company) has attracted attention in the banking and asset management industries. ...more

Foley & Lardner LLP

SEC Finds Collective Investment Trust to Violate 1940 Act

Foley & Lardner LLP on

A September 30, 2020 enforcement action brought by the SEC pivoted on a failure to effectively exercise “substantial investment authority”. Day to day investment advisory services were provided by an affiliated RIA of the...more

Katten Muchin Rosenman LLP

The CFTC Proposes New Rules Walking Back Its Maximalist Cross-Border Swaps Regulatory Approach

Key Points - The Commodity Futures Trading Commission (CFTC) has proposed new rules (Proposal) for the cross-border application of certain of its swap regulations. - The Proposal includes certain changes relative to the...more

Proskauer Rose LLP

Changes to FINRA Rules 5130 and 5131 Go Effective – Considerations for Private Fund Managers

Proskauer Rose LLP on

On November 5, 2019, the SEC approved changes to FINRA Rule 5130 (Restrictions on the Purchase and Sale of Initial Equity Public Offerings) and Rule 5131 (New Issue Allocations and Distributions). FINRA announced that the...more

Perkins Coie

Blockchain Week in Review - August 2019

Perkins Coie on

U.S. Developments - Regulatory Developments - Commissioner Hester Peirce Speaks Before the SUSS Convergence Forum: Inclusive Blockchain Finance, and Emerging Technologies - On August 1, 2019, Securities and Exchange...more

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