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Investment Funds Risk Management

Haynes Boone

Fund Finance Insights: Prevalence of Concentration Limit Holidays

Haynes Boone on

Introduction - Concentration limits are a familiar risk-management tool for lenders in subscription line facilities. By capping the amount of borrowing base credit that can be attributed to any single investor or group of...more

Cadwalader, Wickersham & Taft LLP

Summer, Sun, Sand and Sensitive Information, August 2025 - Balancing Lender and Borrower Confidentiality Interests

Confidentiality provisions in subscription credit facilities have always served a central purpose – protecting sensitive fund and investor information. These provisions have grown more detailed, more prescriptive, and, for...more

Ropes & Gray LLP

UK and EU Money Laundering Risk Assessments 2025: Key Findings for Asset Managers

Ropes & Gray LLP on

In July 2025 HM Treasury and the Home Office issued the UK National Risk Assessment of Money Laundering and Terrorist Financing 2025 ('NRA 2025'), while the European Banking Authority (EBA) published its fifth Opinion on...more

King & Spalding

Haftungsbegrenzung für KVGen und andere Geniestreiche des Gesetzgebers

King & Spalding on

Entwurf eines Fondsrisikobegrenzungsgesetzes veröffentlicht - Anfang August 2025 hat das Bundesministerium der Finanzen den Referentenentwurf eines Gesetzes zur Begrenzung der Risiken durch Investmentfonds und zur...more

Troutman Pepper Locke

A New Brand of Uncertainty? — PE Pathways Podcast

Troutman Pepper Locke on

Partner Jeremy Levy hosted the first live recording of PE Pathways at Troutman Pepper Locke's third annual Private Equity Perspectives Summit, held this year in Kohler, WI. Jeremy was joined by Troutman Pepper Locke Partner...more

A&O Shearman

ESMA revises cloud outsourcing guidelines to align with DORA

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published its final report, updating the 2021 guidelines on outsourcing to cloud service providers in line with the Digital Operational Resilience Act (DORA). The 2021...more

Troutman Pepper Locke

Private Credit Funds as Key Lenders in Subscription and NAV Lines: Market Insights

Troutman Pepper Locke on

Private credit funds (PCFs) are emerging as key players in the subscription and net asset value (NAV) line market, significantly impacting fund financing. Regulatory changes, economic trends, and strategic innovations are...more

Stikeman Elliott LLP

OSC Publishes 2025 Examination Priorities for Dealers, Advisers, Investment Fund Managers and Other Regulated Entities

Stikeman Elliott LLP on

The Registration, Inspections and Examinations Division (“RIE”) of the Ontario Securities Commission (“OSC”) has released its 2025 examination priorities, which are informed by the OSC’s 2024-2030 Strategic Plan as well as...more

Ropes & Gray LLP

ESMA Proposes Significant Reforms to UCITS Eligible Assets Rules

Ropes & Gray LLP on

ESMA has recently recommended notable amendments to the UCITS Eligible Assets Directive, which sets the standards for permissible investments by UCITS funds across Europe. These reforms could redefine permissible investment...more

Walkers

ESMA advice on the review of the UCITS Eligible Assets Directive

Walkers on

On 26 June 2025, ESMA published its keenly awaited technical advice to the Commission on the review of the UCITS Eligible Assets Directive 2007/16/EC (EAD). The report assesses EAD implementation across member states and...more

Walkers

Going solo: Guernsey structures for single investor or single asset mandates

Walkers on

Guernsey has established itself as a sophisticated, stable jurisdiction for the structuring of alternative investment funds and bespoke vehicles. Among its suite of offerings, Guernsey permits the formation of unregulated...more

Goodwin

The UK’s Failure to Prevent Fraud Offence: Private Fund Managers, Portfolio Companies, and Placement Agents

Goodwin on

In a previous alert titled “UK Limited Partnership Reform Becomes Law: A Practical Guide of How Best to Get Ready to Comply,” we discussed the changes to limited partnership law ushered in by the Economic Crime and Corporate...more

Cadwalader, Wickersham & Taft LLP

Midyear Look: Retail Capital Rising, July 2025 - Retail Investors: Challenges and Opportunities in Subscription Finance

The growth of High Net Worth Individual (“HNWI”) allocations to alternative investments is a hot topic in fund finance. In what is widely acknowledged to be a challenging fundraising environment, fund managers have focused...more

Goodwin

Convergence and Flexibility: LP Clawback Provisions in Private Funds

Goodwin on

A majority of private fund managers set the clawback limit at 25%, but they calculate the clawback differently depending on fund type. Limited partner (LP) clawback provisions enable fund managers to call back previously...more

Woodruff Sawyer

Insuring Fund Liability Risks: A Guide to GPL Coverage for Venture Capital and Private Equity Firms - 2025 Edition

Woodruff Sawyer on

Woodruff Sawyer has been a leader in the fund-level General Partnership Liability (GPL) space since the creation of this insurance product over 30 years ago. In today’s environment, it’s essential that venture capital,...more

Ropes & Gray LLP

Energy Transition: Navigating Europe's Short-Term Volatility and Long-Term Gains

Ropes & Gray LLP on

It might appear as though investors are struggling to see how to make the energy transition profitable, but European investor appetite hasn’t waned for the right transaction. Below we consider some topical issues and risk...more

Stikeman Elliott LLP

CSA Release Three-Year Business Plan

Stikeman Elliott LLP on

On June 26, 2025, the Canadian Securities Administrators (“CSA”) published their 2025-2028 business plan (the “Plan”), which sets out the priorities that the CSA have committed to pursuing over the next three years....more

Ropes & Gray LLP

ESMA’s 2023-2024 Common Supervisory Action on Sustainability Risks and Disclosures: Key Findings

Ropes & Gray LLP on

On 30 June 2025, the European Securities and Markets Authority (ESMA) published its Final Report on the 2023-2024 Common Supervisory Action (CSA) concerning the integration of sustainability risks and disclosures within the...more

A&O Shearman

FSB report identifies vulnerabilities in non-bank CRE investors

A&O Shearman on

The Financial Stability Board (FSB) has published a report, alongside a press release and updated webpage, examining vulnerabilities in non-bank commercial real estate (CRE) investors. The report identifies entities such as...more

Woodruff Sawyer

Expanding Retail Investor Access to Private Funds: A Spider-Man Problem

Woodruff Sawyer on

Private funds could be facing a Spider-Man problem. Let me explain. Because he was bitten by a radioactive spider, Spider-Man has superpowers. He can jump really high. He can shoot webs from his hands. When his...more

Cadwalader, Wickersham & Taft LLP

Debt by Design, June 2025 - Permitted Indebtedness

Before a subscription lender can enter into a subscription credit facility with a fund, the subscription lender will need to review the limited partnership agreement (“LPA”) of such fund to confirm the LPA allows for...more

K&L Gates LLP

United States: The Great SEC Spring Clean Up–14 Proposals Wiped Away

K&L Gates LLP on

Spring is a time of renewal, and the US Securities and Exchange Commission (SEC)–under its new chairman, Paul Atkins–has shown that. On 12 June 2025, the SEC withdrew 14 proposed rules impacting funds and asset managers,...more

Paul Hastings LLP

SEC Withdraws 14 Pending Rule Proposals

Paul Hastings LLP on

On June 12, the Securities and Exchange Commission (SEC) formally withdrew 14 proposed rules for investment advisers, broker-dealers and public companies, many of which had been pending for several years. Should the SEC...more

Proskauer - The Capital Commitment

Three Risks to Monitor in Private Credit

Private credit has become an essential source of financing globally, with fund sponsors enjoying strong demand from borrowers, market participants, and investors.  However, as the industry’s “golden age” continues, regulatory...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Empower to offer 401(k) private equity investments to participants

Empower recently made headlines by announcing a bold new initiative: giving defined contribution (DC) retirement plan participants access to private market investments. On the surface, it sounds like a win—more choice,...more

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