News & Analysis as of

Closed-End Funds Investment Funds

Goodwin

Supreme Court to Resolve Circuit Split Over Existence of Implied Private Right of Action Under Section 47(b) of the Investment...

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On June 30, 2025, the Supreme Court granted certiorari in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., agreeing to resolve a circuit split over whether private parties have an implied right of action to...more

Eversheds Sutherland (US) LLP

SEC raises ceiling on closed-end funds’ investments in private funds

Recent policy initiatives and remarks from leaders of the US Securities and Exchange Commission (SEC) have created a changing landscape for retail access to the private markets. At a recent conference hosted by the Practising...more

Ropes & Gray LLP

Ropes & Gray’s Investment Management Update April – June 2025

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Since our prior IM Update, in separate Alerts, we covered (i) the SEC’s decision to remove from its regulatory agenda proposed rulemakings relevant to the investment management industry, (ii) Ropes & Gray’s updated and...more

Seward & Kissel LLP

An Introduction to Rated Note Feeders

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In today’s evolving investment landscape, institutional investors are increasingly seeking innovative structures that align with regulatory requirements while maximizing returns. One such structure gaining traction is the...more

Katten Muchin Rosenman LLP

SEC Expands the Ability of Registered Closed-End Funds to Invest in Private Funds

Since 2002, the staff of the US Securities and Exchange Commission (SEC) consistently issued comments during the registration statement review process to closed-end funds (CEFs) registered under the Investment Company Act of...more

Proskauer Rose LLP

Update: SEC Approves Additional Flexibility for Co-Investment Relief for BDCs and Closed-End Funds that Previously Obtained...

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On April 29, 2025, the U.S. Securities and Exchange Commission ("SEC") issued an order granting Franklin Square's ("FS") exemptive relief application (the "FS Application") permitting certain business development companies...more

Alston & Bird

SEC Chair Announces Intent to Increase Retail Access to Private Funds

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Our Investment Funds Team discusses Securities and Exchange Commission Chair Paul Atkins’s plans to improve retail investors’ access to private funds....more

Mayer Brown Free Writings + Perspectives

The SEC Spoke:  Private Fund Changes Coming

At yesterday's Practising Law Institute’s SEC Speaks program, Securities and Exchange Commission (“SEC”) Chair Paul Atkins shared his views on a wide range of topics.  Chair Atkins touched on innovation at the SEC, FinHub and...more

Barnea Jaffa Lande & Co.

Comprehensive comparison between closed-end funds and open-end funds

Investment funds have a variety of legal structures customized to investors’ various needs and investment policies. The two main fund structures are closed-end funds and open-end funds, which differ in several material...more

Seward & Kissel LLP

SEC Easing Conditions for Co-Investment Relief for BDCs and Closed-End Funds

Seward & Kissel LLP on

On April 3, 2025, the U.S. Securities and Exchange Commission (“SEC”) issued a notice of proposed exemptive relief to FS Credit Opportunities Corp. and its affiliates (Applicants), introducing more flexible co-investment...more

Goodwin

Operational Real Estate: OpCo Ownership Considerations

Goodwin on

The growth of the operational real estate (OpRE) sector is one of the most significant recent trends in global real estate markets. OpRE is relevant to a wide range of real estate asset classes and subsectors, but all OpRE...more

Goodwin

Extending Fund Lifespans: Typical Durations and Consent Requirements

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As noted in our previous article, the lifespan of a closed-end fund typically ranges from 8 to 12 years, depending on the asset class. However, to provide flexibility to deal with issues related to illiquidity of assets,...more

Conyers

Capital Call Securitisations: Fund Finance’s New Frontier…? An Offshore Perspective

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The recent closing by Goldman Sachs of its highly innovative and market leading US$475 million “capital call” securitisation of subscription credit lines has generated a lot of interest in both fund finance and structured...more

Conyers

ケイマン諸島籍クローズドエンドファンドに関する規制に要注意

Conyers on

ケイマン諸島は世界有数のオフショアファンド法域です。2023年時点でのケイマン諸島における登録ファンド数は約29,500で、ケイマン諸島籍ファンドは、全世界の米国籍以外のファンド全体の68%を占めています。...more

Goodwin

What Is the Typical Life Cycle of a Closed-End Fund?

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Investors in closed-end funds make a commitment for the duration of a fund’s life cycle — known as the fund’s term — with liquidity available only through sale of assets, secondary transactions, or fund liquidation. Investors...more

Carey Olsen

British Virgin Islands investment funds - autumn 2024 update

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Our investment funds team outline the latest developments within the investment funds market in the British Virgin Islands ("BVI"), including the funds statistics from the British Virgin Islands Financial Services Commission...more

Carey Olsen

Bermuda investment funds – autumn 2024 update

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Our investment funds team outline the latest developments within the investment funds market in Bermuda, addressing the recent statistics from Q2 2024 published by the Bermuda Monetary Authority (the "BMA") as well as the...more

A&O Shearman

UK Listed Investment Companies (Classification etc) Bill Published

A&O Shearman on

The Listed Investment Companies (Classification etc) Bill has been published on the U.K. Parliament website, following its first reading in the House of Lords on the same day. The Bill seeks to make provisions about listed...more

A&O Shearman

Great Fund Insights: ESMA Guidelines on funds’ names: Tell me your fund name, I’ll tell you your fund strategy

A&O Shearman on

On 14 May 2024, ESMA published its final guidelines on funds’ names using ESG or sustainability-related terms (the Guidelines). As a result, the use of certain environmental, social and governance (ESG) or...more

Conyers

Structuring a Cayman Islands Closed-Ended Fund

Conyers on

This article provides an overview of common structures for investment funds in the Cayman Islands. Investment funds in the Cayman Islands must be registered either under the Private Funds Act or the Mutual Funds Act,...more

Conyers

ケイマン諸島クローズドエンド型ファンドの組成

Conyers on

この記事では、ケイマン諸島における一般的な投資ファンド組成に関する概要をご紹介します。 ケイマン諸島における投資ファンドは、ファンド戦略がクローズドエンド型かオープンエンド型かに応じて、プライベートファンド法またはミューチュアルファンド法のいずれかに基づいて登録されなければならないことになっています。...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Trusts and Activist Funds: What UK Companies Need To Know

On 15 February 2024, Skadden partners Kenneth Burdon, Robert Chaplin, Eben Colby and Greg Norman presented the webinar “Investment Trusts and Activist Funds,” which outlined recent trends in shareholder activism in publicly...more

Venable LLP

Protecting Closed-End Investment Companies under Maryland Law

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Closed-end investment companies registered under the Investment Company Act of 1940, as amended (the "1940 Act"), have proven to be a product sought by many investors, especially individuals. Despite their appeal to long-term...more

Paul Hastings LLP

Recent Court Rulings Shape Strategies for Closed-End Funds in Shareholder Activism Context

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Recent decisions from the U.S. Court of Appeals for the Second Circuit and the U.S. District Court for the Southern District of New York have brought attention to anti-takeover strategies employed by registered closed-end...more

McDermott Will & Emery

Vertrieb von geschlossenen Fonds – Zur Notwendigkeit von Widerrufsbelehrungen nach dem BGB

McDermott Will & Emery on

Beim Vertrieb von Investmentfonds und der Ausgestaltung der Fondsdokumentation sind Hinweise auf Widerrufsrechte zu beachten. Dies gilt nicht nur bei Publikumsfonds, sondern auch bei Spezialfonds, falls diese an „Verbraucher“...more

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