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|Filing EB-5 Exemplar Petitions Before September 30, 2015: Strategic Considerations|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 31, 2015, previously published on July 24, 2015Change is on the EB-5 horizon. With the Regional Center Program nearing its expiration and recent legislative efforts coming from lawmakers, we may see some action by Congress or the Senate before the end of September. But with the Iran deal taking center stage on Capitol Hill, how much time...
|Canada Brings into Force Payment Disclosure Regime: The Extractive Sector Transparency Measures Act|
Kayla Albin, John W. Boscariol, Robert A. Glasgow; McCarthy Tetrault LLP;
July 27, 2015, previously published on July 14, 2015Canada’s new regime for the mandatory reporting of payments to government, the Extractive Sector Transparency Measures Act (ESTMA), came into force on June 1, 2015.
|Volcker Agencies Provide Seeding Period Guidance for BDCs, RICs and FPFs in New FAQ|
Brian Barrett, Steven B. Boehm, Harry S. Pangas, John Allen Zumpetta; Sutherland Asbill & Brennan LLP;
July 22, 2015, previously published on July 21, 2015On July 16, 2015, the agencies responsible for implementing the Volcker rule (Agencies) issued FAQ 16, which provides guidance on the circumstances under which a seed investment would not cause (i) a registered investment company (RIC), (ii) a business development company (BDC) that has elected to...
|ISDA Publishes EMIR Classification Letter|
Brian Barrett, Daphne G. Frydman, Catherine M. Krupka, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
July 21, 2015, previously published on July 20, 2015On July 13, the International Swaps and Derivatives Association, Inc. (ISDA) published the ISDA EMIR Classification Letter (the Classification Letter), a form of letter that may be used by market participants managing their regulatory obligations under the European Market Infrastructure Regulation...
|Adviser Liable for Causing Prime Brokers’ Books and Records Violations|
Sutherland Asbill Brennan LLP;
July 21, 2015, previously published on July 20, 2015In an interesting case, the SEC instituted cease-and-desist proceedings, pursuant to Section 21C of the Exchange Act, against a large private fund manager for providing inaccurate trade data to four of its prime brokers. The SEC asserted that the investment adviser caused the prime brokers to make...
|Investing in the United States: CFIUS Concerns for Chinese Investors|
Keith M. Gerver, Viola Jing, Michael Liu, Jane Ng; Cadwalader, Wickersham & Taft LLP;
July 15, 2015, previously published on July 9, 2015Michael Liu, Jane Ng, Viola Jing and Keith Gerver have authored a Clients & Friends Memo to discuss the latest trends in reviews conducted by the Committee on Foreign Investment in the United States (CFIUS) for Chinese investors contemplating possible investments in U.S. assets. The Memo...
|Emmanuel Jacques Presents Seminar on Investing in Saint Barths|
Emmanuel Jacques, Hank Russell; Emmanuel Jacques Almosnino;
July 15, 2015Emmanuel Jacques Almosnino presents a free seminar on investing in the Caribbean island of Saint Barths
|Canada Hits the Crimea Region with Economic Sanctions and Adds 17 Parties to its Russia Sanctions Blacklist|
John W. Boscariol; McCarthy Tetrault LLP;
July 14, 2015, previously published on June 29, 2015Today, Canada significantly expanded its economic sanctions against Russia by imposing a wide ban on activities related to the Crimea region, including export, import, technical data and services bans. With these latest amendments, Canada joins the United States and European Union in implementing...
|Regulation A+ Takes Effect|
Robert T. Clarkson, Omar Samji; Jones Day;
July 14, 2015, previously published on July 2015As part of the effort to make capital more accessible for small businesses, the JOBS Act authorized the SEC to exempt annually up to $50 million of a company's securities issuances from the registration requirements of the Securities Act of 1933. In response, the SEC has amended Regulation A under...
|Private Placements, Canadian Wrappers and Exempt Market Dealer Restrictions|
Michael Burns, Ronald M. Kosonic; Borden Ladner Gervais LLP;
July 14, 2015, previously published on July 09, 2015The recent rule amendments announced by the Canadian Securities Administrators (CSA), the long-awaited Wrapper Relief Amendments, will provide relief from the delivery of certain supplementary information to Canadian institutional investors by non-Canadian issuers. Such information has typically...