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Legal Update Archive

LEGAL UPDATES
Does Volcker + Vickers = Liikanen?

Does Volcker + Vickers = Liikanen?

On 29 January 2014 the European Commission published a proposal for a regulation of the European Parliament and of the Council “on structural measures improving the resilience of EU credit institutions."

François-Régis Gonon, Andreas Lange
US Securities and Exchange Commission Clarifies and Expands Its Interpretation of “Knowledgeable Employee” Under the US Investment Company Act

US Securities and Exchange Commission Clarifies and Expands Its Interpretation of “Knowledgeable Employee” Under the US Investment Company Act

On February 6, 2014, the Staff of the Division of Investment Management of the Securities and Exchange Commission...

Structuring Credit Facilities for Defined Contribution Plan Funds

Structuring Credit Facilities for Defined Contribution Plan Funds

Over the last ten years, there has been a steady trend transition from defined benefit plans to defined...

Leverage and Liquidity Requirements Under Basel III

Leverage and Liquidity Requirements Under Basel III

On January 12, 2014, with the concurrent endorsement of the Group of Central Bank Governors and Heads of...

Governmental Plan Investors and the Borrowing Base

Governmental Plan Investors and the Borrowing Base

A subscription credit facility, also frequently referred to as a capital call facility (a “Subscription Facility”), is a...

Subscription Credit Facilities and the Volcker Rule

Subscription Credit Facilities and the Volcker Rule

On December 10, 2013, the federal financial agencies (the “Agencies”) approved joint final regulations (the “Final Regulation”) implementing section 619 of the Dodd-Frank Act, commonly referred to as the Volcker Rule.

Foreign Investor Capital: Collateral Enforceability and Minimization of Risk

Foreign Investor Capital: Collateral Enforceability and Minimization of Risk

Due to previous challenges in the United States fundraising market for sponsors of real estate, private equity and other investment funds (each a “Fund”), many Fund sponsors have sought to expand their sources of capital to include investors domiciled outside of the United States (“Foreign Investors”).

Infrastructure Funds Primer

Infrastructure Funds Primer

Infrastructure funds are private equity vehicles that invest in a wide range of assets—including assets that could be...

Capital Commitment Subscription Facilities and the Proposed Liquidity Coverage Ratiohi

Capital Commitment Subscription Facilities and the Proposed Liquidity Coverage Ratiohi

On November 29, 2013, the Board of Governors of the Federal Reserve System (FRB), the Office of the...

Adam D. Kanter, Kiel A. Bowen, Carol A. Hitselberger
London, Paris, Stockholm, Moscow: European PE and Fund Finance Update

London, Paris, Stockholm, Moscow: European PE and Fund Finance Update

In 2012, growth in the European PE sector, in contrast to its more vigorous US counterpart, remained pedestrian.