Banking and Finance

Recent Posts

Soros Doesn’t Want Your Money
Posted on 28 Jul 2011 by Doug Cornelius

In one of the most visible moves as a result of the new SEC regulations on investment advisers, George Soros is closing his $25 billion Quantum Endowment Fund to outside investors and returning their money. Why? "We have relied until now... Read More

SEC Revamps Investment Adviser Regulatory Scheme as Mandated by the Dodd-Frank Act July 22, 2011
Posted on 2 Aug 2011 by Sutherland Asbill & Brennan LLP

by Cynthia Krus & Michael Koffler I. Introduction In response to the Congressional directives contained in Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd Frank Act"), the U.S. Securities and Exchange... Read More

Intent and the Advertising Rule for Investment Advisers
Posted on 14 Apr 2011 by Doug Cornelius

In its prohibition against fraud, deceit and manipulation, Section 206 of the Investment Advisers Act is strict. There is no requirement of intent. You can argue that you didn't mean to mean to commit fraud. That may affect whether you get referred... Read More

Fees and Performance Results for Advisers and Fund Managers
Posted on 25 Apr 2011 by Doug Cornelius

Section 206 of the Investment Advisers Act prohibits fraud, deception or manipulation, regardless of whether the fund manager is registered. Once registered, Rule 206(4)-1 imposes additional restrictions on advertising that the SEC has determined... Read More

What is the SEC Looking For With Private Fund Managers
Posted on 2 Aug 2011 by Doug Cornelius

IA Watch published a few recent document request letters in connection with SEC examinations of investment advisers. One is a document request letter sent to a private fund manager ( subscription required; 7-day free trial available ). These are... Read More

SEC Proposes Amendments to the Qualified Client Standard
Posted on 22 Jul 2011 by K & L Gates LLP

by Kay Gordon and Joshua M. O'Melia Excerpt: I. Introduction On May 10, 2011, as required by Section 418 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"), the U.S. Securities and Exchange Commission... Read More

Massachusetts Revises Proposed Private Fund Adviser Exemption
Posted on 11 Nov 2011 by Doug Cornelius

From my discussions, many real estate fund managers are still not sure if they are subject to registration under the Investment Advisers Act. The definition of "private fund" can exclude many real estate funds depending on the structure of... Read More

Is It an Advertisement?
Posted on 13 Apr 2011 by Doug Cornelius

Section 206 of the Investment Advisers Act prohibits fraud, deception or manipulation, regardless of whether the fund manager is registered. Once registered, Rule 206(4)-1 imposes additional restrictions on advertising that the SEC has determined... Read More

Sometimes You Get Stuck and Can’t Get Out
Posted on 22 Jun 2011 by Doug Cornelius

Finally, the SEC is going to take some action today on the regulation of investment advisers, venture capital funds, and private fund managers. For years, they've been trying to get regulatory control of private funds. Now they are going to... Read More

Tighter Rules on Advisory Performance Fee Charges
Posted on 16 Feb 2012 by Doug Cornelius

Under the Investment Advisers Act, an adviser can only charge a performance fee if the client was a "qualified client". The SEC equates net worth with sophistication, so a "qualified client" had to have a level assets to prove their... Read More

Amending the Reporting Requirements of Form ADV & Modifying Pay to Play Rule
Posted on 22 Aug 2011 by K & L Gates LLP

by Marc Mehrespand and Joshua O'Melia Various companion releases implementing various provisions of the Dodd-Frank Act. Form ADV amendments, Rule 206(4)-5, and registration requirements for private funds. Excerpt: In much anticipated companion... Read More

  • Blog Post: Is It an Advertisement?

    Section 206 of the Investment Advisers Act prohibits fraud, deception or manipulation, regardless of whether the fund manager is registered. Once registered, Rule 206(4)-1 imposes additional restrictions on advertising that the SEC has determined would be fraudulent deceptive or manipulative. ...
  • Blog Post: Intent and the Advertising Rule for Investment Advisers

    In its prohibition against fraud, deceit and manipulation, Section 206 of the Investment Advisers Act is strict. There is no requirement of intent. You can argue that you didn't mean to mean to commit fraud. That may affect whether you get referred to enforcement instead of merely getting hit...
  • Blog Post: Fees and Performance Results for Advisers and Fund Managers

    Section 206 of the Investment Advisers Act prohibits fraud, deception or manipulation, regardless of whether the fund manager is registered. Once registered, Rule 206(4)-1 imposes additional restrictions on advertising that the SEC has determined would be fraudulent, deceptive or manipulative. ...
  • Blog Post: Sometimes You Get Stuck and Can’t Get Out

    Finally, the SEC is going to take some action today on the regulation of investment advisers, venture capital funds, and private fund managers. For years, they've been trying to get regulatory control of private funds. Now they are going to get it. Do they really want it? Sometimes what...
  • Blog Post: SEC Proposes Amendments to the Qualified Client Standard

    by Kay Gordon and Joshua M. O'Melia Excerpt: I. Introduction On May 10, 2011, as required by Section 418 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"), the U.S. Securities and Exchange Commission (the "SEC") proposed to amend Rule...
  • Blog Post: Soros Doesn’t Want Your Money

    In one of the most visible moves as a result of the new SEC regulations on investment advisers, George Soros is closing his $25 billion Quantum Endowment Fund to outside investors and returning their money. Why? "We have relied until now on other exemptions from registration which allowed...
  • Blog Post: What is the SEC Looking For With Private Fund Managers

    IA Watch published a few recent document request letters in connection with SEC examinations of investment advisers. One is a document request letter sent to a private fund manager ( subscription required; 7-day free trial available ). These are some of the items requested that caught my attention...
  • Blog Post: SEC Revamps Investment Adviser Regulatory Scheme as Mandated by the Dodd-Frank Act July 22, 2011

    by Cynthia Krus & Michael Koffler I. Introduction In response to the Congressional directives contained in Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd Frank Act"), the U.S. Securities and Exchange Commission ("SEC" or "Commission"...
  • Blog Post: Amending the Reporting Requirements of Form ADV & Modifying Pay to Play Rule

    by Marc Mehrespand and Joshua O'Melia Various companion releases implementing various provisions of the Dodd-Frank Act. Form ADV amendments, Rule 206(4)-5, and registration requirements for private funds. Excerpt: In much anticipated companion releases implementing various provisions of the...
  • Blog Post: Massachusetts Revises Proposed Private Fund Adviser Exemption

    From my discussions, many real estate fund managers are still not sure if they are subject to registration under the Investment Advisers Act. The definition of "private fund" can exclude many real estate funds depending on the structure of their investments. I think the result is that you...
  • Blog Post: Tighter Rules on Advisory Performance Fee Charges

    Under the Investment Advisers Act, an adviser can only charge a performance fee if the client was a "qualified client". The SEC equates net worth with sophistication, so a "qualified client" had to have a level assets to prove their financial sophistication. Those levels are now...