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Securities Law Considerations Part 2: SEC Registered Funds, Exemptions and Regulatory Considerations
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The Investment Company Act of 1940, as amended (“40 Act”) defines an “investment company” as an issuer primarily involved in the business of investing, reinvesting, or trading securities. It explicitly prohibits any engagement in buying and selling securities without SEC registration or a valid exemption. Hedge funds and comparable pooled investment vehicles fall under this definition if they meet one of the two exemptions.… Read More

Regulatory Considerations for SPAC M&As
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Investment advisers considering the use of a Special Purpose Acquisition Company (SPAC) as part of their merger and acquisition strategy must take into account the myriad of regulatory obligations that come with a SPAC M&A.… Read More

SEC Rules on Deck for 2024: Part II
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As Q1 closes out, we continue to pay attention to the regulatory forecast for the rest of the year. As advisers continue to focus on their clients, they must also pay attention, as many rules are poised to be introduced this spring and fall. … Read More

Securities Law Considerations for Investment Fund Formation: Part 1
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Investment fund formation is the comprehensive process of establishing a collective investment vehicle that pools capital from multiple investors to engage in various securities or other financial asset investments. The primary goal is to provide investors with a professionally managed portfolio often designed to provide diversification, but equally as often to deploy funds into a specific asset class, or according to a particular investing philosophy, strategy, or methodology.… Read More

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