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Asset Management ADVocate

Asset Management ADVocate

The Asset Management ADVocate provides unique analysis and insight into legal developments affecting asset managers in the United States. Subscribe 🡢

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SEC Approves MEMX as a new National Securities Exchange

On May 4, 2020, the U.S. View blog post
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SEC Proposes Regulations for Determining Fair Value of Securities Held by Investment Companies

The Securities and Exchange Commission recently provided a long-promised and needed update, in the form of a proposed rule, to guidance on determining the fair value of securities held by registered investment companies. View blog post
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What Rule 2a-7 Tells Us about Re-Proposed Rule 18f-4

My previous post tried to explain how Rule 2a-7 limits the "levera View blog post
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SEC Alleges COVID-19 Related Fraud by a Company after Suspending Trading

On April 28, 2020, the U.S. Securities and Exchange Commission ("SEC") filed a complaint against a company and its chief executive officer ("CEO") for alleged fraud in connection with the company's stated response to the COVID-19 pandemic. View blog post
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Money Market Funds and Re-Proposed Rule 18f-4

This post continues my consideration of why certain "unfunded commitment agreements" should be carved out of the valuation at risk limitations of re-proposed Rule 18f-4. View blog post
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SEC’s Use of Trading Suspensions During the COVID-19 Pandemic and Considerations for Issuers and Broker-Dealers

The SEC has the authority under the Securities Exchange Act of 1934 to suspend trading in a given security if it deems it necessary for the public's interest. It has been exercising its authority to suspend trading with increased frequency for potentially false and misleading statements made in connection with the COVID-19 pandemic.

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Emerging Markets Risks: Disclosure Considerations for Funds and Advisers

In a previous post we covered the April 14, 2020 statement from the SEC's Division of Investment Management e View blog post
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Re-Proposed Rule 18f-4: How Not to Distinguish Commitments from Derivatives

This post continues my assessment of the proposed treatment of unfunded commitments under re-proposed Rule 18f-4. View blog post
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Does Re-Proposed Rule 18f-4 Have Commitment Issues?

My initial posts on re-proposed Rule 18f-4 reflect my generally favorable reactions to the SEC's attempt to develop a practical, hence imperfect, means of implementing th View blog post
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SEC Provides a Consolidated Reference for COVID-19 Relief for Investment Companies and Advisers

The SEC's Division of Investment Management has posted Coronavirus (COVID-19) Response FAQs (the "FAQs"), which have been updated through April 14, 2020. View blog post
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SEC Staff Speaks to COVID-19 and Fund Prospectus Disclosure

On April 14, 2020, the staff of the SEC's Division of Investment Management (the "Division") published a Statement on the Importance of Delivering Timely and Material Information to Investment Company Investors (the "Statement"). View blog post
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OCIE Issues Risk Alert on Upcoming Regulation Best Interest Examinations

The SEC's Office of Compliance Inspections and Examinations (OCIE) issued a risk alert to explain the focus of its upcoming examinations of broker-dealers when gauging their compliance with Regulation Best Interest (Reg BI). In particular, OCIE will focus on reviewing broker-dealers' policies and procedures relating to Reg BI. 

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SEC Expands, Clarifies, and Standardizes Clearing Agency Rule

On April 9, 2020, the SEC adopted a final rule ("Final Rule") that will amend rules for securities clearing agencies to subject all SEC-registered central counterparties ("CCPs") and central securities depositories ("CSDs") to enhanced standards. View blog post
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The Division of Investment Management Responds to COVID-19’s Impact on Requests for Hearings on Exemptive Applications

In recognition of the disruptions caused by COVID-19, the Division of Investment Management (the "Division") of the Securities and Exchange Commission (the "SEC") will require interested persons to submit written hearing requests for filed exemptive applications by sending an e-mail to the SEC's S View blog post
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Exempt Reporting Advisers: The SEC Is Watching

On March 12, 2020, the U.S. View blog post
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