Updates on Regulation, Trading, and Market Reforms for the Alternative Investment Community

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Delaware Law Updates

On July 23, 2018, Delaware amended the Delaware limited liability company act (the “LLC Act”). The two key amendments were to (a) permit a divisive or divisional merger and (b) create provisions related to a registered series. Divide Away! (aka Divisive Mergers) The LLC Act now permits a divisive or divisional merger. Under new Section 18-217 of the LLC Act, a Delaware LLC will be permitted to...

Cayman Islands Update 2018-2019

During 2018 a number of significant changes to the Cayman Islands regulatory regime occurred. As a result, fund vehicles now have significantly increased obligations as regards obligations in relation to Anti-Money Laundering (“AML”) including appointing compliance officers and potentially making additional filings. Further, the deadline for compliance with the regime relating to the disclosure...

Privacy and Data Security for Private Fund Managers

The California Consumer Privacy Act (the “CCPA”) was enacted in 2018 and becomes effective January 1, 2020. The CCPA gives consumers in California four basic privacy rights including: To know what personal information a business has about them, and from where (categorized) that personal information came or was sent; To request deletion of personal information that a business collected from them...

Registered Investment Adviser Compliance Update

The SEC’s Division of Enforcement has indicated that one of its focuses for 2018 was on retail investors. This focus has translated into increasing number of cases involving investment advisers. According to the Enforcement Division’s recently published reports, cases involving investment advisers and investment companies were the second largest group of actions in the last year, just...

Update on Department of Labor Fiduciary Rule and Regulatory Relief for Smaller VC Funds

On March 15, 2018, the Fifth Circuit Court of Appeals vacated the Department of Labor’s (“DOL’s”) Fiduciary Rule, holding in a 2-1 decision that the DOL exceeded its regulatory authority in passing the rule. The decision struck down the new fiduciary advice definition and denied the attorneys-general of California, New York, and Oregon, as well as the interest group AARP, the opportunity to...

Updates on Regulation, Trading, and Market Reforms for the Alternative Investment Community