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Investment Funds Risk Management Financial Institutions

A&O Shearman

ESMA revises cloud outsourcing guidelines to align with DORA

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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

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

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

A&O Shearman

FSB report identifies vulnerabilities in non-bank CRE investors

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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

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

A&O Shearman

Corrigendum to EMIR 3 clarified counterparty risk rules for MMFs

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A corrigendum to Regulation (EU) 2024/2987, known as EMIR 3, was published in the Official Journal of the European Union. One of the changes EMIR 3 made was to amend the Money Market Funds Regulation (MMF Regulation) by...more

Cadwalader, Wickersham & Taft LLP

Capital Call Securitisation, March 2025 - Subscription Finance Facilities – the Allure to Securitise: A European Perspective

Securitisation of subscription finance facilities is en vogue in fund finance. We have written previously on this topic, offering a primer on capital call securitisations and a Q&A regarding a first publicly rated cash...more

Morgan Lewis

Private Credit Markets Continue to Expand in Asia

Morgan Lewis on

Private credit, or funding provided by non-bank lenders, has expanded significantly, becoming a $1.7 trillion global industry. Many market participants anticipate continued growth, with conservative estimates projecting an...more

Cadwalader, Wickersham & Taft LLP

The Comfort Letter Comeback, March 2025 - Comfort Letters

In the evolving fund finance market, lenders are constantly assessing ways to mitigate risk and enhance credit support in order to provide for the smooth operation of subscription-based credit facilities. One such credit...more

A&O Shearman

ESMA guidelines on stress test scenarios under MMF Regulation

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The European Securities and Markets Authority (ESMA) has published official translations of its guidelines on stress test scenarios under the Money Market Funds Regulation (MMF Regulation). These guidelines apply to competent...more

Ankura

Building Blocks That Matter

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Finance Transition for Middle Market and First-Time Sponsor-Backed Companies - Our Ankura Office of the CFO® professionals have worked inside finance functions of private equity (PE) and private credit-backed portfolio...more

Cadwalader, Wickersham & Taft LLP

Give and Take February 2025 - When Relationships Go South

In entering into a fund financing, both the Lender and the Fund have expectations that the relationship will be a success.  The Lender is appreciative of the association, and the Fund is confident in its ability to raise...more

Carey Olsen

Fund Finance Laws and Regulations 2025: Assessing Lender Risk in Fund Finance Markets (GLI chapter)

Carey Olsen on

Carey Olsen have contributed to the Global Legal Insights – Fund Finance guide by authoring a chapter on assessing lender risk in fund finance markets. As the fund finance market continues to evolve, lenders will need to...more

Hogan Lovells

2025 NAV Facilities Outlook: Evolving Applications and Best Practice Considerations

Hogan Lovells on

In an increasingly upbeat M&A market, use cases could grow for this popular and dynamic fund finance product. Net asset value (NAV) financing became firmly established as a core fund financing tool in the last few years as...more

Mayer Brown

Interview with Steve Gandy, Securitization Innovator

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Matt Bisanz interviews Steve Gandy, formerly with Santander, about his long career designing innovative securitization structures around the globe....more

A&O Shearman

EU final report on updated guidelines on stress test scenarios under Money Market Funds Regulation

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The European Securities and Markets Authority has published its final report on guidelines on stress test scenarios under the Money Market Funds Regulation. The MMF Regulation requires ESMA to annually update the guidelines,...more

Conyers

Seminar on Corporate Governance & Risk Management for Cayman Islands Directors: Key Takeaways

Conyers on

The Financial Services Institute in collaboration with Conyers, Grant Thornton and the Cayman Islands Monetary Authority (CIMA) hosted a comprehensive and in-depth seminar on “Corporate Governance & Risk Management for Cayman...more

A&O Shearman

Regulatory monitoring - December 2024

A&O Shearman on

1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) International - FSB: Plenary December 2024 - Status: Final - The FSB has set out the outcomes of its Plenary that met on 3 and 4 December. Points of...more

Skadden, Arps, Slate, Meagher & Flom LLP

ECB Mandates Board Expertise in Addressing ICT and Security Risks

Earlier this year, a dedicated policy prepared by the European Central Bank (ECB) came into effect requiring bank management bodies to broaden their collective understanding of and proficiency in identifying and dealing with...more

Mayer Brown

FINRA Reminds Members of Regulatory Obligations When Using Generative Artificial Intelligence (AI) and Large Language Models

Mayer Brown on

On June 27, 2024, the Financial Industry Regulatory Authority, Inc. (“FINRA”) issued Regulatory Notice 24- 09 (the “Notice”) reminding member firms that FINRA’s rules and the securities laws apply to the use of artificial...more

A&O Shearman

Regulatory monitoring: EU version Newsletter - March 2024

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1. Bank regulation- 1.1 Prudential regulation- (a) General- (i) International- BCBA: Basel III monitoring report- Status: Final- BCBS has published its latest monitoring report setting out the impact of the Basel III...more

A&O Shearman

Regulatory monitoring Newsletter - February 2024

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1. Bank regulation - 1.1 Prudential regulation - (a) General - (i) EU - ECB: Memorandum of Cooperation between ECB and CAs on third-country bank supervision - Status: Final - The ECB has published a Memorandum of...more

A&O Shearman

Regulatory monitoring: EU version - December 2023

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1. Bank regulation - 1.1 Prudential regulation - (a) General - (i) EU - EBA: Roadmap on strengthening the Prudential framework - Status: Final - The EBA has published its roadmap on the Banking Package, which...more

Skadden, Arps, Slate, Meagher & Flom LLP

DORA – Key Considerations for Alternative Investment Funds

The EU Digital Operational Resilience Act (Regulation (EU) 2022/2554) (DORA) creates a regulatory framework intended to enhance the operational resilience of the financial sector by establishing uniform requirements for the...more

Goodwin

SEC Adopts Broad Exempt Offering Reforms

Goodwin on

In the News. The Securities and Exchange Commission (SEC) adopted broad exempt offering reforms; the Department of Labor (DOL) finalized a rule, with significant revisions from the original proposal, on ESG investments; the...more

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