If I May Suggest Some Tasks for 1 January 2018… 1
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1 Prevention of the Misuse of Material Nonpublic
Prevention of the Misuse of Material Nonpublic Information by Investment Advisers January 2017 by: Jim Leahy While there is much discussion about potential changes to the regulatory landscape as a result of the recent presidential election in the United States, one area that is likely to remain a high priority with the Securities and Exchange Commission (“SEC”) and the Department of Justice is the enforcement of insider trading laws.1 There is probably no better indication of this than Mr. Preet Bharara’s acceptance of the president-elect’s invitation to continue as U.S. Attorney for the Southern District of New York.2 Investment advisers are obligated to enact anti-insider trading policies and procedures pursuant to Section 204A of the Investment Advisers Act of 1940 (“Advisers Act”). Under Section 204A, every registered investment adviser “shall establish, maintain, and enforce written policies and procedures reasonably designed, taking into consideration the nature of such investment adviser’s business, to prevent the misuse in violation of this Act or the Securities Exchange Act of 1934, or the rules or regulations thereunder, of material, nonpublic information by such investment adviser or any person associated with such investment adviser.” What exactly does Section 204A mean for each investment adviser and its chief compliance officer (“CCO”) in regards to enacting appropriate anti-insider trading policies and procedures? Each investment adviser (whether it manages hedge funds or private equity funds) and CCO must approach this question with an open mind on at least an annual basis and perhaps more frequently as changes to the adviser’s business occur. -
Aima U.S. Briefing and Regulatory Update — New York
AIMA, K&L Gates LLP and Maples present AIMA U.S. BRIEFING AND REGULATORY UPDATE — NEW YORK March 3, 2016 AIMA U.S. BRIEFING AND REGULATORY UPDATE — NEW YORK AGENDA 3:00 p.m. Registration and Refreshments 3:30 p.m. Panel 1: U.S. Issues Room 32A/B • 2016 Exam Priorities / Enforcement Priorities • Key findings of SEC Presence Exam Initiative • Preliminary results of Never Before Examined Initiative • Whistle-blower program • FINCEN’s Anti-Money Laundering Proposal for Investment advisors ______________________________________________________________________________________________________ • Jennifer Duggins, Co-Head, Private Funds Unit, Office of Compliance Inspections and Examinations, Securities and Exchange Commission • Bruce Karpati, Managing Director, Global Chief Compliance Officer, KKR • Cary Meer, Partner, K&L Gates LLP • Amy Poster, Contributing Writer, Institutional Investor 4:30 p.m. Panel 2: Global Issues Room 32A/B • Reporting – Increased reporting requirements from Regulators: can Form PF/Annex IV be Standardized? • PR Challenges for the Hedge Fund Industry • Asia – Outlook for the Asian Hedge Fund Industry, Asia’s marketing passport, governance developments • AIFMD ______________________________________________________________________________________________________ • David Keily, General Counsel, Visium • Gil Raviv, General Counsel, Millennium Management LLC • Henry Smith, Partner, Maples and Calder • Jiri Krol, Deputy CEO and Global Head of Government Affairs, AIMA • Kher Sheng Lee, Deputy Global Head of Government Affairs and Head of APAC Government Affairs, AIMA 5:30 p.m. Coffee Break 5:45 p.m. Breakout Discussions Breakout 1: Annual Compliance Review — Tips and Insights Room 32A/B • Edward Dartley, Partner, K&L Gates • Christine Chang, Chief Operating Officer and Chief Compliance Officer, Funds Solutions Advisors • Irshad Karim, CCO, Lion Point Capital • Matthew Lombardi, CCO, Tinicum Incorporated AGENDA: AIMA U.S. -
“Punishing Every Small Violation . . . Means Casting Discretion Aside in Favor of Making the SEC Look Tough.”
May 21, 2018 The weekly news source for investment management legal and compliance professionals “Punishing every small violation . means casting discretion aside in favor of making the SEC look tough.” SEC Should Not Prioritize Enforcement Over Other Parts of its Mission: Peirce SEC enforcement is important and must continue, but has gone too far. While enforce- ment is necessary, agency staff should use it as a last resort and rein in the kind of Inside Insights enforcement-by-numbers philosophy that the SEC has been using over the past few 8 Note to Readers years. Those are the views of commissioner Hester Peirce, who spoke8 May 11 in Denver on why she sometimes votes “no” on approving enforcement actions brought by the Division of Enforcement. She cited an article in Bloomberg Law which she said noted continued on page 2 Hedge Fund Adviser Execs May Face Personal Fines if They Ignore Red Flags A chief financial officer at a hedge fund advisory firm on May 8 settled8 SEC charges that he failed to act on red flags involving asset mismarking and insider trading. The firm ended up paying more than $10 million, and the CFO agreed to separately pay a $100,000 fine. The lesson: Advisory firm executives need to be on the lookout for signs of fraud, and act on them when they find them. What happened, according to the SEC, was that two portfolio managers of New York City-based Visium Asset Management, a SEC-registered hedge fund adviser with continued on page 4 Technology: IAA Urges Treasury to Recommend a Principles-Based Approach As new technologies and networks proliferate among advisory firms and other non-bank financial institutions, many will require regulation, but will that regulation encourage innovation, or stifle it? The Investment Adviser Association, in a recent letter8 to the Department of the Treasury, urged the Department to support inno- vation by recommending and encouraging regulators to adopt regulations that are principles-based. -
Private Investment Funds Seminar January 22, 2019
PRIVATE INVESTMENT FUNDS 28TH ANNUAL SEMINAR 28TH ANNUAL PRIVATE INVESTMENT FUNDS SEMINAR JANUARY 22, 2019 CURRENT ISSUES Regulatory Compliance 2019 William Barbera, Brad Caswell, Marc Elovitz, Melissa Goldstein, Ian Levin PANELS A Secondary Transactions: Tender Offers, Side Pocket Clearing and Residual Assets Jason Behrens, David Griffel, F. Xavier Kowalski, Phyllis Schwartz Insurance Dedicated Funds and Related Strategies Daniel Hunter, Jason Kaplan, Karen Loga, Boris Ziser Current Employment Issues Mark Brossman, Max Garfield, Omoz Osayimwese, Holly Weiss CURRENT ISSUES Regulatory Compliance 2019 William Barbera, Brad Caswell, Marc Elovitz, Melissa Goldstein, Ian Levin PANELS B Blockchain and Digital Assets Stephanie Breslow, Donald Mosher, Julian Rainero, Craig Warkol Tax Considerations for 2019 Philippe Benedict, Nick Fagge, David Griffel, Christine Harlow, Shlomo Twerski, Elie Zolty Crisis Management Aneliya Crawford, Kelly Koscuiszka, Joseph Smith, Michael Swartz, Peter White MAIN PROGRAM Welcome Remarks Paul Roth Market Update: Terms, Customized Products and Co-Investment Vehicles Stephanie Breslow, Christopher Hilditch, Eleazer Klein, John Mahon Regulatory Outlook Charles Clark, David Efron, Marc Elovitz, Anna Maleva-Otto Tax Update Philippe Benedict, Shlomo Twerski FAQ: Civil Litigation William Gussman, Brian Kohn Management Company Challenges in the Current Environment Brian Daly, Jennifer Dunn, Ronald Richman Credit and Specialty Finance Daniel Hunter, Kristine Manoukian, David Nissenbaum, Ji Hye You, Boris Ziser FAQ: Risk Retention Rules Craig Stein, Heather Wyckoff A Conversation with Jason Dillow, Bardin Hill Investment Partners LP Jason Dillow, Jason Kaplan Regulatory Compliance 2019 William J. Barbera Bill focuses his practice on transactional and regulatory matters related to broker‐dealers, hedge funds and other financial institutions. He advises clients in connection with mergers and acquisitions involving broker‐ dealers, the regulation of alternative trading systems, and best execution practices at broker‐dealers. -
Bloomberg Hedge Funds 10.11.11 BRIEF News, Analysis and Commentary
Bloomberg Hedge Funds 10.11.11 NEWS, ANALYSIS AND COMMENTARY BRIEF MKP, Gramercy Among Funds Bucking Sept. Slump BY Kelly Bit Amundi’s Chen TO LAUNCH ASIA FUND Hedge funds run by MKP Capital Management LLC, Gramercy, Fore Research & Kevin Chen, who left Amundi Alternative Invest- Management LP and Marshall Wace LLP were among those posting positive returns ments last month, has formed Anji Capital, an last month as the industry on average slumped 3.2 percent, according to the Bloomberg Asia-focused global macro fund. page 4 aggregate hedge-fund index. GILLON, SOFFER START MBS STRATEGY The funds increased cash levels, bought credit default swaps and shorted indexes, Zvi Gillon, most recently at Credit Suisse, and individual stocks and currencies to make gains during the index’s worst month in more Ga’ash Soffer, from Level Global Investors, have than a year. started Rion Capital in New York. page 4 MKP Capital Management’s $1.5 billion global macro fund, MKP Opportunity, gained 4.4 percent in September and 13 percent this year, according to two people briefed on HARBINGER WILL ALLOW REDEMPTIONS Philip Falcone’s Harbinger Capital will permit the returns. The fund, managed by the firm’s Chief Executive Officer and Co-Founder clients who’ve been unable to withdraw all their Patrick McMahon, was positioned for slower global growth, lower rates and a stronger money for almost three years to sell their stakes U.S. dollar, the people said. The fund was long the U.S. dollar versus the Australian to a third party. page 3 dollar and euro and shorted emerging market currencies, the people said. -
Hedge Fund Alert’S Manager Database
APRIL 25, 2018 Fund Industry’s Exposure Reaches New High The total amount of assets in hedge funds US Hedge Fund Universe 5 TOP SEPARATE-ACCOUNT OPERATORS reporting to the SEC jumped 14% last year to a record $6.8 trillion on a gross basis. 1Q-18 1Q-17 6 LARGEST SINGLE-MANAGER FUNDS The increase — the highest annual growth Managers: 3,121 3,123 Hedge funds: 10,422 10,405 7 TOP 200 HEDGE FUND MANAGERS rate in four years — was primarily attributable to funds’ investment gains and had little to do Gross assets ($Tril.): $6.8 $6.0 2 How WorldQuant Retooled Offering with investor contributions. The jump also reflects hedge funds’ increased use of leverage. 2 Bitcoin-Futures Portfolio Offered Since 2014, total gross assets in single-manager funds have climbed 31%, according to 3 Wellington Opens Fund to Offshore LPs the latest regulatory filings captured by Hedge Fund Alert’s Manager Database. The number of hedge fund managers reporting to the SEC, including both regis- 3 White Elm Disbands West Coast Team tered investment advisors and exempt filers, remained virtually unchanged from a year ago at 3,121, while the number of single-manager funds they operate increased Credit Suisse Vet Lands at Tech Shop 3 See HIGH on Page 6 4 Visium Founder Forms Family Office 4 Rosen Pulls the Plug on Reef Road Data Show Prevalence of Separate Accounts SEC 12 Rhode Island Halves Portfolio Newly required disclosures show some of the most prominent hedge fund operators run large sums in separately managed accounts — while others avoid 12 Crypto Program Enters Queue separate accounts altogether.