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Corporate Governance Investment Funds

Cadwalader, Wickersham & Taft LLP

Summer NAVigation, July 2025 - No Date, No Problem: Cayman Court Affirms Pre-Signed Share Transfer

As the NAV and Hybrid worlds continue to grow, the granting of security over shares in Cayman companies is becoming a more common feature of deals. One of the most frequent questions we hear from deal teams is why Cayman...more

Goodwin

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

Goodwin on

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

Conyers

Chambers Global 2025: An Introduction to British Virgin Islands Corporate & Finance Including Investment Funds

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The BVI Corporate team consisting of Partners Robert J.D. Briant, Partner Anton Goldstein, Partner Rachael Pape, Partner Eric Flaye and Counsel Nicholas Kuria were pleased to contribute to the BVI Jurisdictional overview to...more

Farrell Fritz, P.C.

Private Equity’s Plan B: Navigating the Exit Drought with Continuation Funds

Farrell Fritz, P.C. on

In a typical bull market, private equity sponsors exit out of portfolio assets through IPOs, strategic sales and sponsor-to-sponsor buyouts. But the 2025 deal market has proven to be neither typical nor robust....more

Hogan Lovells

Investments in German soccer clubs – attractive for investors and clubs despite the 50+1 rule

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Investments in clubs in German soccer are attractive for investors and clubs even under the 50+1 rule; the investor and the soccer club should be a suitable match; there are a number of legal structuring options for...more

Winstead PC

SEC Adopts Amendments to Beneficial Ownership Reporting Rules for Schedules 13D and 13G

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In 2023, the Securities and Exchange Commission (the “SEC”) adopted amendments and issued guidance to modernize the rules governing beneficial ownership reporting under Sections 13(d) and 13(g) of the Securities Exchange Act...more

Jones Day

ESMA Report on the Integration of Sustainability Risks and Disclosures Under SFDR

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The funds industry continues to wait for regulators and legislators to review and fix the multiple flaws in the existing SFDR regime. In the meantime, in July 2023, ESMA launched a “common supervisory action” ("CSA”)...more

Latham & Watkins LLP

SEC Withdraws Proposed Rule on ESG Disclosures for Investment Advisers and Investment Companies

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The withdrawal aligns with the SEC’s “back to basics” approach, but it does not preclude scrutiny of ESG in asset managers’ strategies, marketing, and fund documentation....more

Conyers

Understanding Outsourcing Obligations for Cayman Islands Funds

Conyers on

It has been two years since the Cayman Islands Monetary Authority (CIMA) introduced its Rule on Corporate Governance for Regulated Entities (the “Corporate Governance Rule”), and a year and a half since it came into force....more

Conyers

Holt the Press! Developments in SPC Restructuring

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Appointment of Restructuring Officers - In late 2023, in the case of Holt Fund SPC, the Grand Court ordered the first appointment of Restructuring Officers over particular segregated portfolios of a segregated portfolio...more

King & Spalding

Delaware Bankruptcy Court Sides with Trustee in Two Related Orders in $500 Million Fraudulent Transfer Action Arising out of...

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In related orders in an action to recover over $500 million in alleged fraudulent transfers arising out of the bankruptcy of an education technology company, the U.S. Bankruptcy Court for the District of Delaware denied...more

Blake, Cassels & Graydon LLP

A New Lease on LIFE: CSA Expands Listed Issuer Financing Exemption

On May 14, 2025, the Canadian Securities Administrators (CSA) announced Coordinated Blanket Order 45-935 – Exemption from Certain Conditions of the Listed Issuer Financing Exemption (Blanket Order) aimed at enhancing...more

Latham & Watkins LLP

Tackling Greenwashing: Singapore's Approach and APAC's Evolving Regulatory Landscape

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Singapore shows leadership in a diverse APAC market where the race is on to strengthen transparency in environmental claims and combat greenwashing....more

K&L Gates LLP

What a Relief! Co-Investments Get Easier for Interval Funds, Tender Offer Funds, and Business Development Companies

K&L Gates LLP on

The US Securities and Exchange Commission (SEC) has approved a streamlined framework for co-investments involving certain closed-end funds and business development companies (together, Regulated Funds)....more

K&L Gates LLP

Global Survey of ESG Regulations for Asset Managers - April 2025

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Investment advisers offering funds in more than one country are accustomed to adapting to different regulatory requirements. However, the challenges presented by the global regulation of environmental, social, and governance...more

Carey Olsen

Doing business in the Cayman Islands guide (Legal 500)

Carey Olsen on

The Cayman Islands is a common law jurisdiction, which is based on the English model. It comprises statute law and binding case precedents. English and British Commonwealth case authorities are generally persuasive, but not...more

Conyers

Attention! Know the Regulatory Obligations of Your Cayman Closed-Ended Fund (UPDATED)

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The Cayman Islands is a pre-eminent offshore funds jurisdiction. In fact, with just over 30,000 registered funds as at 30 March 2025, over 17,000 of which are closed-ended funds, Cayman accounts for around 68% of funds set up...more

International Lawyers Network

Establishing a Business Entity in Liechtenstein (Updated)

The Principality of Liechtenstein lies at the centre of Europe, nestled between Switzerland and Austria, next to the river Rhine. The form of government is a constitutional monarchy established on democratic parliamentary...more

Jones Day

The Regulation of Private Markets in Australia—Where to Next?

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The Australian Securities & Investments Commission ("ASIC") is increasing its focus on private markets, adopting a similar approach to other international regulators. Following on from its introduction of a dedicated private...more

Skadden, Arps, Slate, Meagher & Flom LLP

Court Upholds Legality of Poison Pills for Closed-End Funds but Limits Successive Plans

On March 28, 2025, the U.S. District Court for the Southern District of New York (SDNY) held that it was legal under the Investment Company Act of 1940 (1940 Act) for a closed-end fund to use a shareholder rights plan...more

A&O Shearman

EDGAR Next: key changes and compliance requirements for filers

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The EDGAR Next system has gone live, and all filers – including public companies, investment funds, insiders, and third-party filing agents – must re-enroll in the EDGAR Next system by September 15, 2025, with the legacy...more

Goodwin

Who’s Got Next? Preparing for EDGAR Next - a guide for private investment fund managers.

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With March Madness upon us, the Securities and Exchange Commission (SEC) is joining the action by implementing a sweeping set of technical updates known as EDGAR Next that will change how all SEC filers access the Electronic...more

Conyers

Why Set Up a Tokenised Investment Fund with an Approved Manager in the BVI?

Conyers on

Setting up a tokenized investment fund with an approved manager in the British Virgin Islands (BVI) offers many strategic advantages by combining the innovative benefits of blockchain technology with cost-effectiveness and...more

Latham & Watkins LLP

FAQs on the Latham Letter for Exempt Offerings with General Solicitation Under Rule 506(c)

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On March 12, 2025, Latham obtained SEC Staff guidance on the use of general solicitation in private placements. The guidance unlocks the full potential of Regulation D Rule 506(c) by clarifying that issuers may satisfy the...more

Goodwin

Corporate Sustainability Reporting in the EU: Simplification, Decluttering, and Regulatory Burden Reduction Under Omnibus I or...

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The keenly awaited details of the EU’s proposed first omnibus package were published on 26 February 2025. The package includes amendments to the Corporate Sustainability Reporting Directive (CSRD) (including revision and...more

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