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HSR Act Bringing Offshore Funds Home

Earlier this month, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the U.S. Department of Justice, published in the Federal Register proposed changes to the Hart-Scott-Rodino Act (“HSR Act”) regulations regarding foreign entities. The proposed changes are intended to simplify the determination of whether an entity is a foreign person…

Client Alerts | November 18, 2019 | Hedge Funds | Securities and Corporate Finance

Cayman Data Protection Law Becomes Effective September 30, 2019

  The Data Protection Law, 2017 (the “DPL”) will become effective on September 30, 2019 in the Cayman Islands. The DPL aims to provide a level of privacy and disclosure for individuals and entities when their personal data is being used by Cayman Islands entities. Certain violations of the DPL can lead to fines of…

Client Alerts | September 12, 2019 | Hedge Funds

Certain Fund Managers May Be Required To File TIC Form SHL By August 30, 2019

Fund managers may be required to file Treasury International Capital (“TIC”) Form SHL, Report of Foreign-Residents’ Holdings of U.S. Securities, Including Selected Money Market Instruments (SHL (2019)) by August 30, 2019, based on the fair value of certain U.S. securities determined as of June 28, 2019, issued to foreign persons. This newsletter focuses on the…

Client Alerts | August 21, 2019

Proposed Regulations May Substantially Mitigate CFC Tax Issues for Funds – Certain Funds May Want to Issue Amended 2018 K-1s

The Internal Revenue Service issued proposed regulations on Friday, June 14th, addressing various aspects of the controlled foreign corporation (“CFC”) rules, including with respect to global intangible low-taxed income (“GILTI”) and, significantly, who is a 10% or more shareholder for inclusion purposes regarding subpart F income and GILTI income. Among other things, the proposed regulations…

Client Alerts | June 20, 2019

SEC OCIE Issues Guidance on Investment Advisers’ Recordkeeping Requirements for Electronic Messaging

On December 14, 2018, the Office of Compliance Inspections and Examinations (“OCIE“) of the Securities and Exchange Commission (the “SEC“) issued a risk alert (the “Risk Alert“)[1] to remind SEC-registered investment advisers (“RIAs“) of their obligations when their personnel use electronic messaging, such as text messages, instant messaging, personal email or messaging apps, and to…

Client Alerts | January 15, 2019 | Hedge Funds

SEC Announces 2019 Examination Priorities

On December 20, 2018, the Office of Compliance Inspections and Examinations (“OCIE“) of the Securities and Exchange Commission (the “SEC“) announced its 2019 examination priorities for registered investment advisers.[1] OCIE grouped the priorities into six general thematic areas: (1) matters of importance to retail investors, including seniors and those saving for retirement; (2) compliance and…

Client Alerts | January 8, 2019

Tax Planning for Losses

This newsletter is a brief follow-up to our recent year-end tax newsletter. Click here for our year-end newsletter. Since our 2018 year-end newsletter was distributed, the stock market has been very volatile and decreased significantly (although the market was up a lot today, December 26th, fortunately). Many funds may have significant unrealized losses. This newsletter…

Client Alerts | December 26, 2018 | Hedge Funds

Investment Adviser Compliance Issues Related to the Cash Solicitation Rule

On October 31, 2018, the staff in the Office of Compliance Inspections and Examinations (the “Staff”) of the U.S. Securities and Exchange Commission (the “SEC”) issued a risk alert (the “Risk Alert”)[1] describing some of the most common deficiencies the Staff has cited relating to Rule 206(4)-3 (the “Cash Solicitation Rule”) under the Investment Advisers…

Client Alerts | December 18, 2018 | Hedge Funds

Court Balks at SEC’s Attempt to Prohibit ICO, but Vague on SEC’s Regulation of Digital Assets

The recent proliferation of cryptocurrencies, digital tokens and initial coin offerings (ICOs), facilitated by advances in blockchain and other distributed ledger technologies, has engendered substantial optimism among segments of the investing public. Some envision that these developments will transform financial markets and systems, and hope to benefit from these changes through early investments in digital…

Client Alerts | December 4, 2018