Robert Sutton

Nov 6, 2024 | mondaq.com | Andrew Bettwy |Elanit Snow |Robert Sutton |Jeffrey Horwitz

The Corporate Transparency Act (the "CTA") requires a range of entities, primarily smaller, otherwise unregulated companies, to file a report with the U.S. Department of the Treasury's Financial Crimes Enforcement Network ("FinCEN") identifying the entities' beneficial owners—the persons who ultimately own or control the company—and provide similar identifying information about the persons who formed the entity.

Jun 6, 2024 | natlawreview.com | Robert Sutton

On Friday, September 1, 2023, a lawsuit was filed with the federal Court of Appeals in the Fifth Circuit challenging the validity and enforceability of the recently adopted Private Fund Adviser Rules under the Investment Advisers Act of 1940 (the “Advisers Act”).

Jun 6, 2024 | natlawreview.com | Robert Sutton

On August 23, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted its highly anticipated new rules and amendments to existing rules under the Investment Advisers Act of 1940 (“Advisers Act”) impacting private fund advisers (“Private Fund Adviser Rules” or the “Rules”).[1] In a welcome development, the SEC confirmed in its Adopting Release that in most cases the Rules would not apply to advisers located outside of the U.S. (“offshore advisers”), but also clarified that certain...

Apr 1, 2024 | lexology.com | Margaret Dale |Michael R. Hackett |Stephen Hibbard |William Komaroff |Timothy W. Mungovan |Dorothy Murray | +16 more

ESG continues to be a hot topic for 2024 for investors and regulators alike. The specific concerns investors and regulators have – and what they expect to develop over the coming months – differ, however, across jurisdictions, including because of the different maturity of existing regulation between the EU/UK and the US.

Sep 15, 2023 | mondaq.com | Robert Sutton |Robert Plaze

Earlier today, the SEC's Private Fund Adviser Rules were published in the Federal Register. As with all federal regulations, publication in the Federal Register begins the countdown to the Rules' compliance dates. These dates are listed in the table below. Please see our prior alerts for an overview of the Rules' provisions, a summary of their applicability to non-U.S. investment advisers and a discussion of a legal challenge to the Rules that was recently filed by six trade associations.