News & Analysis as of

Trusts Securities and Exchange Commission (SEC)

Adler Pollock & Sheehan P.C.

Do Your Assets Include Unregistered Securities? This Asset Class Requires Special Planning

When it comes to estate planning, addressing all your assets should be a priority. However, certain assets require greater attention than others. For example, if your assets include unregistered securities, such as restricted...more

Dechert LLP

Mining Your Own Business: Tax and Estate Planning with Crypto

Dechert LLP on

Cryptocurrency, a digital form of currency that uses cryptography for security, has become a significant part of the global financial landscape. As such, it has also become an important consideration in estate planning. This...more

K&L Gates LLP

Global Survey of ESG Regulations for Asset Managers

K&L Gates LLP on

Asset managers (i.e., investment advisers) offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental,...more

Foley & Lardner LLP

SEC Greenlights Bitcoin ETFs: What Happened and What It Portends

Foley & Lardner LLP on

On January 10, 2024, the U.S. Securities and Exchange Commission (SEC) approved the launch of several BTC Exchange-Traded Funds (ETFs).[1] The approval order resolves the critical legal and regulatory issues entailed in...more

Holland & Knight LLP

Are You a Mexican Shareholder of a U.S. Company? 2024 Brings New U.S. Reporting Obligations

Holland & Knight LLP on

Similar to the controlling beneficiary regulation in Mexico, next year the United States will enter into force a new obligation for most U.S. companies, including those with Mexican shareholders, to report information about...more

White and Williams LLP

Are Syndicated Loans Securities?

The ongoing case of Kirschner v. JP Morgan Chase Bank, N.A., which has traveled through the New York federal court system since 2018, is now before the Second Circuit, who are tasked with deciding the following: are...more

Proskauer Rose LLP

SEC Brings First Liquidity Rule Enforcement Action Against Investment Adviser and Fund Board

Proskauer Rose LLP on

On May 5, 2023, the Securities and Exchange Commission ("SEC") filed charges against Pinnacle Advisors LLC ("Pinnacle Advisers"), an investment adviser, for allegedly aiding and abetting violations of Rule 22e-4 (the...more

White & Case LLP

SPACs and De-SPAC Transactions in the UAE

White & Case LLP on

In January 2022, the Securities and Commodities Authority of the United Arab Emirates ("SCA") passed decision No. (1/TM) of 2022 on the Regulations on Special Purpose Acquisition Companies ("SPACs") ("Decision"). The Decision...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

Skadden, Arps, Slate, Meagher & Flom LLP

SEC COVID-19 Relief for Registered Funds and BDCs: A Summary

In recent weeks, the U.S. Securities and Exchange Commission (SEC) and market participants have dealt with the current and potential impact of the novel coronavirus COVID-19 pandemic. To help market participants remain in...more

Holland & Knight LLP

Corporate Transparency Act: A New Regulatory Requirement for Business

Holland & Knight LLP on

The U.S. House of Representatives passed the Corporate Transparency Act of 2019 (HR 2513) by a vote of 249-173, including 25 Republicans, on Oct. 22, 2019. A companion bill is being reviewed by the Senate. The purpose of HR...more

Burr & Forman

Cryptocurrency Firm Bitwise Asset Management Seeks SEC Review of New Bitcoin ETF

Burr & Forman on

According to an initial registration statement published on January 10, the cryptocurrency index fund provider Bitwise Asset Management has applied with the U.S. Securities and Exchange Commission (“SEC”) to form a new...more

Orrick - Finance 20/20

SEC Overrules Proposed Rule Change by BZX to List and Trade Shares of the Winklevoss Bitcoin Trust

On July 26, 2018, the Securities and Exchange Commission (“SEC“), over the objection of Commissioner Peirce, disapproved a proposed rule change application by the Bats BZX Exchange, Inc. (“BZX“) that would have permitted it...more

Allen Matkins

Staff Addresses Family Trusts With Multistate Trustees

Allen Matkins on

When the Securities and Exchange Commission two years proposed amendments to Rule 147 and adoption of Rule 147A, I commented on an issue that I foresaw with respect to family and other non-business trusts...more

Stinson - Corporate & Securities Law Blog

SEC Order Prevents Winklevoss Bitcoin Trust

The SEC declined to approve a rule change submitted by Bats BZX Exchange designed to permit the listing and trading the Winklevoss Bitcoin Trust. The SEC said it did not approve the proposed rule change because it did not...more

Tucker Arensberg, P.C.

Creditors Beware! Give the Trustee Time To Breathe Or Risk Violating The Automatic Stay

Tucker Arensberg, P.C. on

The Bankruptcy Code’s (the “Code”) automatic stay applies to all companies and individuals; it protects the debtor’s property, and the bankruptcy court’s jurisdiction, by barring any act to gain possession of property in the...more

Goodwin

What Banks and Trust Companies Need to Know About the SEC’s New Municipal Advisor Rules

Goodwin on

The SEC’s final Municipal Advisor Rules, effective January 13, 2014, apply to many of the advisory services and products provided by banks and trust companies to municipal entities, such as state and local governments, and to...more

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