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New Puerto Rico Legislation May Offer Extensive Tax Benefits To Hedge Fund Managers (As Well As Others)

Puerto Rico recently enacted tax legislation which may offer extensive benefits to hedge fund managers and other U.S. persons. Based on conversations with the Puerto Rican Government, Puerto Rico is very supportive of the use of this new legislation as a way to attract financial services business. The legislation has generally eliminated the taxation of…

Client Alerts | June 17, 2012 | Hedge Funds

June 30th Deadline – Foreign Bank Account Reporting (FBAR)

This Hedge Fund Tax Alert serves as a reminder for filing of Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts. For the calendar year 2011, this should be received (not merely mailed) by June 30, 2012. By June 30th of each succeeding calendar year, U.S. persons (1) with foreign accounts that in…

Client Alerts | June 17, 2012 | Hedge Funds

Impact of the JOBS Act on Hedge Funds and Private Equity Funds

On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (the “JOBS Act”) which amends certain provisions of the federal securities laws. Of particular significance to hedge funds and private equity funds are: the elimination of the ban on general solicitation and general advertising under Regulation D of the Securities…

Client Alerts | May 1, 2012 | Hedge Funds

Whistler Beware: Court of Appeals Puts Advisers’ Compliance Officer at Risk

In a controversial but important decision, the highest state court in New York has held that an employer can terminate the employment of its chief compliance officer for voicing objections to allegedly improper trading practices. Issued last week, the decision of the New York State Court of Appeals in Sullivan v. Harnisch, 2012 N.Y. Lexis…

Client Alerts | April 30, 2012

IRS Offshore Voluntary Disclosure Program – Practical Q&A

On January 9, 2012, the IRS reopened its Offshore Voluntary Disclosure Program (“OVDP”), a limited federal income tax amnesty for unreported foreign assets and income. This newsletter identifies key features of the OVDP for U.S. taxpayers and highlights the risks and issues that all taxpayers should consider in evaluating the OVDP. If you have unreported…

Client Alerts | March 21, 2012 | Hedge Funds

Time May Be Running Out – Congress To Act This Month

The Congressional Joint Select Committee on Deficit Reduction (the “Committee”) is currently scheduled to announce its proposals on November 23, 2011. Rumor has it that among the proposals presently being discussed are changes to the current gift, estate and generation-skipping transfer tax laws. We believe two of these proposals merit your attention and possible prompt…

Client Alerts | November 8, 2011 | Estate Planning and Administration

Proxy Access Rule Vacated by D.C. Court of Appeals in Blow to Activist Investors

On July 22, 2011, in Business Roundtable c. Securities and Exchange Commission, the U.S. Court of Appeals for the District of Columbia vacated Rule 14a-11 promulgated under the Securities Exchange Act of 1934, the “proxy access rule” (the “Rule”), adopted by the Securities and Exchange Commission (“SEC”) in 2010. The Rule would have allowed shareholders…

Client Alerts | July 25, 2011 | Securities and Corporate Finance

SEC Sets Parameters of Family Office Exemption from Advisers Act Registration

The Securities and Exchange Commission (the “SEC”) has adopted a new rule, defining the term “family office” for purposes of exempting family offices from registration under the Investment Advisers Act of 1940, as amended (the “Advisers Act”). Rule 202(a)(11)(G)-1, and Release No. 1A-3220. In adopting the final Rule, the SEC considered approximately 90 comment letters,…

Client Alerts | July 11, 2011 | Family Office | Securities and Corporate Finance | Hedge Funds

SEC Adopts Rules Implementing Private Fund Manager Registration

The SEC adopted rules today implementing the investment adviser registration requirements imposed by the Dodd Frank Wall Street Reform and Consumer Protection Act (the “Dodd Frank Act”). As expected, the SEC delayed the registration requirement for hedge fund managers and private equity fund managers until March 30, 2012. The SEC passed rules today: amending Form…

Client Alerts | June 21, 2011 | Securities and Corporate Finance | Hedge Funds