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In Risk Alert to Registered Investment Advisers, SEC Identifies 'Significant Deficiencies' Involving Custody and Safety of Client Assets
7 March 2013
Publication
On March 4, 2013, the Office of Compliance Inspections and Examinations ("OCIE") of the Securities and Exchange Commission (the "SEC") issued a Risk Alert identifying "significant deficiencies" in compliance with Rule 206(4)-2 (the...
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Federal Reserve Proposes Enhanced Prudential Standards and Intermediate Holding Companies for Non-US Banks
18 December 2012
Publication
On December 14, 2012, the Federal Reserve Board published its proposed enhanced prudential standards for the US operations of non-US banks. The highly anticipated proposal would implement the "rebalanced approach" to the regulation of non-US banks...
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Federal Reserve Board Governor Describes Significant Changes to be Proposed for the US Operations of Non-US Banks
30 November 2012
Publication
On November 28, 2012, Federal Reserve Board Governor Daniel Tarullo provided a preliminary glimpse at new requirements to be imposed on non-US banks that have US banking operations. A proposed rule to be published by the Federal Reserve within weeks will...
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SEC Announces New “Presence Examinations” Targeted at Newly Registered Investment Advisers
11 October 2012
Publication
The Office of Compliance Inspections and Examinations (“OCIE”) of the U.S. Securities and Exchange Commission (the “SEC”) announced last month that it would soon begin conducting “presence examinations” of newly registered...
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SEC Proposes Rule Amendments to Lift Ban on General Solicitation and General Advertising for Certain U.S. Private Placements
5 September 2012
Publication
During the open meeting of the Securities and Exchange Commission (SEC) held on August 29, 2012, the SEC voted to propose for public comment amendments to Rule 506 of Regulation D and Rule 144A under the U.S. Securities Act of 1933 (Securities Act), as mandated...
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Federal Reserve Board Acts on Basel III Implementation, Market Risk Capital Rule
6 July 2012
Publication
Today the U.S. Federal Reserve Board voted to publish proposed regulations to implement the "Basel III" changes to the international regulatory capital framework, a set of comprehensive reforms issued by the Basel Committee on Banking Supervision in...
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Are You in Compliance with U.S. Commodity Futures Trading Commission Registration Requirements?
6 July 2012
Publication
As a result of changes made by the 2010 Dodd-Frank Act, sponsors, managers and advisers to private funds may now be required to register with the U.S. Commodity Futures Trading Commission as commodity pool operators ("CPOs") and/or commodity trading...
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New Electronic Private Fund Reporting Depository (PFRD) System Entitlement
6 June 2012
Publication
On June 4, 2012, the Financial Industry Regulatory Authority ("FINRA") announced that any investment adviser required to report private fund information on Form PF may do so through FINRA's new, electronic Private Fund Reporting Depository (PFRD)...
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The Federal Reserve Issues Volcker Rule Conformance Clarification
19 April 2012
Publication
On Thursday, April 19, 2012, the Federal Reserve Board issued a policy statement clarifying the manner in which the Volcker Rule prohibitions would apply and would be enforced during the statutory two-year Conformance Period. Despite public statements by...
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The JOBS Act: Removing Significant Regulatory Obstacles to Capital Formation in the United States
6 April 2012
Publication
The Jumpstart Our Business Startups Act (the JOBS Act) was signed into law by President Obama on April 5, 2012. The JOBS Act seeks to encourage more initial public offerings in the United States and to facilitate other forms of capital formation by reducing...