California Extends Emergency Private Adviser Exemption

March 28, 2012 § 2 Comments

The California Department of Corporations this week renewed its emergency rules to extend the period in which certain fund managers can rely on the existing pre-Dodd-Frank “private adviser” exemption from California investment adviser registration.

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Senate Lifts Ban on Private Fund General Solicitation and Advertising

March 22, 2012 § 2 Comments

As expected, the Senate passed its version of the Jumpstart Our Business Startups (JOBS) Act today with bipartisan support. The Senate bill adopted amendments to the crowdfunding provisions that differ from the version passed in the House. The chambers will need to reach a compromise on that portion of the legislation.

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Will JOBS Act Repeal Ban on General Solicitation?

March 20, 2012 § 2 Comments

On March 8, the House overwhelmingly passed the Jumpstart Our Business Startups (JOBS) Act. The Act would allow crowdfunded equity offerings and, more importantly for private fund managers, would remove the ban on general solicitation and advertising from Regulation D.

Repealing the prohibition would vastly increase the ways in which private funds could reach out to prospective investors. The SEC and state regulators meanwhile are concerned that a repeal would open the doors to widespread abuse and investor fraud.

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After Dodd-Frank, the Deluge

March 13, 2012 § Leave a comment

The Dodd-Frank Act created a wave of new registration, reporting and other regulatory burdens on investment advisers and managers of private funds. The Act has also had far-reaching effects on the SEC and state regulators as they create new registration and reporting systems and deal with shifting and growing groups of regulated entities. What might it mean for advisers and private fund managers as regulators struggle to deal with their own increased burdens?

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CFTC Rescinds and Amends Common Registration Exemptions

March 6, 2012 § Leave a comment

The Commodities Futures Trading Commission (CFTC) recently issued final rules that rescind one common exemption from registration as a commodity pool operator (CPO) and that modify the reporting requirements for others. Funds relying on the existing exemptions will need to qualify for alternative exemptions or determine whether CPO registration will be required.

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