Journal of Investment Compliance: Volume 13 Issue 2

Regulatory watch list for 2012: the shifting landscape for hedge funds and other private funds

James M. Cain, Daphne G. Frydman, David Roby, Michael Koffler, Raymond A. Ramirez

The purpose of this paper is to explain legislative and regulatory changes and related developments that will be of interest to hedge funds and other private funds as they…

CFTC adopts significant changes to CPO and CTA registration and compliance requirements

Kenneth M. Rosenzweig, Wendy E. Cohen, Marilyn S. Okoshi, Fred M. Santo

The purpose of this paper is to explain the final rules adopted by the Commodity Futures Trading Commission (CFTC) on February 9 amending its Part 4 regulations governing…

All advisers to registered investment companies need to evaluate their exposure to CFTC regulation after recent rule amendment

Peter J. Shea, Kathleen H. Moriarty, Kenneth M. Rosenzweig, Marybeth Sorady, Gregory E. Xethalis

The purpose of this article is to explain the implications for registered fund advisors of the February 9, 2012 final amendments the Commodity Futures Trading Commission (CFTC…

Next phase of FATCA guidance arrives with proposed regulations and announcement of possible intergovernmental approach

Roger S. Wise, Mary Burke Baker

The purpose of this paper is to explain the proposed Foreign Account Tax Compliance Act (FATCA) regulations released on February 8, 2012 by the US Treasury Department and the…

Supervisory obligations of broker‐dealer legal and compliance personnel after the Urban case

Roger D. Blanc, Howard L. Kramer, Martin R. Miller, Matthew B. Comstock

The purpose of this paper is to analyze a recent US Securities and Exchange Commission order dismissing an administrative proceeding against the former general counsel of a…

SEC publishes risk alert on investment adviser use of social media

Keith T. Robinson, Joseph P. Kelly, Andrea E. Baron

The purpose of this paper is to discuss the implications of an SEC Risk Alert and two FINRA regulatory notices concerning the use of social media by registered investment advisers.

US Securities and Exchange Commission amends dollar threshold tests under qualified client standard, requires exclusion of net equity in primary residence

Rory M. Cohen

The purpose of this paper is to explain the SEC's new dollar threshold tests under the qualified client standard.

Lehman Brothers: treatment of TBA contracts

Fredric Sosnick, Ned S. Schodek, Alexa J. Loo

The purpose of this paper is to help parties to “TBA contracts” better understand how their claims would be treated in the event that a Securities Investor Protection Act of 1970…

Venture capital funds – recent European developments

Peter McGowan, Kimberly Everitt

This article aims to trace current developments in the treatment of the venture capital industry in the European Union (EU), including recently proposed legislation.

International distribution of mutual funds legal and compliance issues: historical considerations and practical pointers

Robert N. Sobol

The purpose of this paper is to provide an introduction to the distribution of mutual funds around the world, including a background on the lack of sales of US funds offshore and…

Selected FINRA regulatory notices and disciplinary actions, January‐March 2012

Henry A. Davis

The purpose of this paper is to provide of selected Financial Industry Regulatory Authority (FINRA) regulatory notices and disciplinary actions issued in January, February, and…

Editor column

Henry A. Davis