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

AuthorGeoffrey Perusse

Geoffrey Perusse represents sponsors and managers of private funds across asset classes, including real estate, private equity, debt, venture capital and hedge funds, with respect to the structuring, formation and operation of the funds, as well as operational and compliance matters. He is also a avid skier, climber and surfer. Read more

Public Companies Oppose SEC’s Proposed Changes to Section 13(f) Disclosures

Back in July, the Securities and Exchange Commission proposed new rules that would substantially reduce the reporting thresholds for institutional investment managers (including hedge fund managers) under rule 13f-1 (and Form 13F).   Section 13(f) of the Securities Exchange Act and Rule 13f-1  (as currently in force) require that an investment manager file a report with the Commission if the...

SEC adopts amendments to the “accredited investor” definition

Today, the Securities and Exchange Commission adopted amendments to the “accredited investor” definition in Rule 501(a).  These are: adding a new category that permits natural persons to qualify as accredited investors based upon certain professional certifications, designations or credentials or other credentials issued by an accredited educational institutions which the Commission...

Real Estate Private Equity Adviser Settles with SEC over Misallocation of Expenses

On August 7, 2020, the SEC issued a Cease-and-Desist Order and imposed sanctions against Rialto Capital Management, LLC (“Rialto”) for violations of the Advisers Act arising out of Rialto’s misallocation of expenses. Rialto serves as the investment adviser to several private funds, as well as two co-investment vehicles.  The limited partnership agreements for each of the Fund...

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...

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...

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