SEC Discusses Valuation in Proposed Rules 2022

On February 9, 2022, the Securities and Exchange Commission (“SEC”) voted to propose new rules and amendments under the Investment Advisers Act of 1940 (Advisers Act) to enhance the regulation of private fund advisers and to protect private fund investors by increasing transparency, competition, and efficiency in the $18-trillion marketplace.(1)…
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The SEC’s Division of Examinations Discusses Valuation in October 2021 Risk Alert

The SEC’s Division of Examinations Discusses Valuation in October 2021 Risk Alert

The SEC’s Division of Examinations (the “Division” - formerly known as OCIE) has issued a new Risk Alert (the “Alert”)(1) regarding Observations from Examinations in the Registered Investment Company Initiatives (“RIC Initiatives” or (“Initiatives”)(2). In November 2018, the Division announced the Initiatives which would assess industry practices and regulatory compliance…
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The SEC’s View on SPAC Warrants

The Securities and Exchange Commission is stepping up scrutiny of special-purpose acquisition companies (“SPACs”). In various statements released over the last few weeks, the SEC has highlighted several financial reporting and governance issues raised by the merger of a SPAC and target company. Most recently, on April 12th, the SEC…
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Uptick in Dividend Recaps – Reduce the Risk (2021)

Thanks to an accommodative U.S. monetary policy and the market’s optimistic assessment of corporate default risk, we have entered a period that some in the fixed income industry are referring to as “The Golden Age of Credit.” Interest rates have fallen to historically low levels, even for already leveraged companies…
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