Archives: United States

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ESMA Advice Extending the AIFMD Passport: Including the United States, Hong Kong, Singapore and Switzerland

On 18 July 2016 the European Securities and Markets Authority (ESMA) published its advice to the European Parliament, the Council and the Commission on the application of the Alternative Investment Fund Managers Directive (AIFMD) passport to non-EU Alternative Investment Fund Managers (AIFMs) and Alternative Investment Funds (AIFs) in twelve non-EU countries: Australia, Bermuda, Canada, Cayman … Continue Reading

SEC Announces 2015 Exam Priorities

The SEC Office of Compliance Inspections and Examinations ("OCIE" or the "Staff") recently released its 2015 Exam Priorities. OCIE examines all types of SEC registrants, including investment advisers, broker-dealers, investment companies, municipal advisors and transfer agents. Each January, the release of the OCIE Exam Priorities provides a useful guide and reminder to registrants in connection with their individual compliance program and risk management reviews for the year ahead. Exam Priorities are always a reflection of current trends and news and, in recent years, also reflect the SEC's expanded capabilities for monitoring market activity through data analytics. They are not exclusive--actual exams may, and will, cover other topics.… Continue Reading

SEC proposes new rules under the JOBS Act

On August 29, 2012, the SEC issued proposed rules to implement Congress’ mandate, under the Jumpstart Our Business Startups Act (the “JOBS Act”), that the agency eliminate the existing ban on use of general solicitation and/or general advertising for Rule 506 and Rule 144A offerings. The proposed amendments, if adopted as proposed, would significantly impact … Continue Reading

SEC Regs Amended to Allow Hedge Funds to Advertise: Potential Data Privacy Implications

This post was also written by Paul Bond, Keri Bruce, and Frederick Lah. Last week, the SEC proposed amendments (PDF) to Rule 506 of Reg D to lift a long-standing ban on advertising for hedge funds and certain other investments in the United States. Over the course of the next few weeks, Reed Smith will be releasing … Continue Reading

FCPA and Bribery Act Prosecutions

Authorities in both the US and the UK have recently successfully prosecuted offenders of the U.S. Foreign Corrupt Practices Act (FCPA) and Bribery Act respectively. In the United States, the District Court for the Southern District of Florida sentenced the former president of Terra Telecommunications Corp to 15 years in prison for money laundering and … Continue Reading

The SEC and Non-Traditional Marriage

Having been the first advocate to the Investment Company Institute’s SEC Rules Committee to promote the recognition of domestic partners for purposes of federal securities law compliance circa 1998 (with vociferous counterpoint from other Committee members), I am delighted to report the following. In adopting final adviser registration rules under Dodd Frank in 2011, pursuant … Continue Reading

At Least One Big Fish Enters the Murky Regulatory Waters of Social Media

This post was written by Amy J. Greer. While some have suggested that Morgan Stanley’s recent announcement that it will permit its financial advisors to take tentative first steps into the world of social media is nothing but a big yawn, given how fraught the social media world is with potential regulatory land mines, in … Continue Reading

Adoption of Whistleblower Rules by SEC

The SEC adopted final whistleblower rules (PDF) on May 25, 2011. The crux of the news here is that SEC decided not to require whistleblowers to report suspected law violations internally before reporting them to the SEC. Although the SEC staff knows, better than most, the wide variety of things that motivate employees to inform … Continue Reading