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.

Release 10666 and the Problem of Swaps

Should Asset Segregation Do Double Duty?

10666 and All That

Could the Use of Derivatives Create a “Toxic Brew?”

Limitations on the Limitation of Leverage in Investment Companies

MetLife v. FSOC: Alternatives to Appeal?

SEC Staff Puts a Bow on Gifts from Christmas 2015 Legislation
Late last fall, Congress faced a serious crisis in trying to pass a comprehensive transportation bill, designated as the Fixing America's Surface Transportation (FAST) Act. Amendments to various Federal securities and banking laws were added to the FAST Act during the reconciliation process.

MetLife and the Cost of SIFI Designation
MetLife won the first round in its fight against designation as a nonbank systemically important financial institution ("SIFI"). The court's opinion will be under seal until at least April 6, so we do not know why the court rescinded the Financial Stability Oversight Council's ("FSOC's") designation.

What Does Liquidity Have to Do with Diversification?
The minimal credit risk determination for ABS [an Asset-Backed Security] should identify every entity on whose financial strength the fund will rely; the illiquid security determination should

Will the Department of Labor (DOL) Add to the Fiduciary Murk?

Phase Two of Money Market Fund Reform

Are There Still Such Things as Restricted Securities?—Part Two
Funds Don't Identify Rule 144A and Regulation S Securities as "Restricted" Notwithstanding my technical interpretation of "restricted security" in Part One, my sampling of recent annual reports found no funds treating Rule 144A or Regulation S securities

Are There Still Such Things as Restricted Securities? —Part One

Fund Boards and Advisers Called to Action by SEC “Distribution in Guise” Update - Part Two
This post continues my discussion of the IM Guidance Update released on January 6, 2016, in which the SEC staff urges boards to consider the following factors in meeting the staff

Fund Boards and Advisers Called to Action by SEC “Distribution in Guise” Update - Part One
Since the SEC's mutual fund distribution sweep examination began in 2013, the industry has become increasingly focused on the various types of payments made to intermediaries selling fund shares and providing services to shareholders.