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Investment Fund Law Blog

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Estate and Gift Tax Planning Opportunities Scheduled to “Sunset” on December 31, 2012

Under current gift tax law, any individual may make a gift of up to $5.12 million this year to the individual’s children, grandchildren and other beneficiaries without paying gift tax.  Any gift in excess of that amount is taxed at a historically-low 35%.  Unless Congress acts to extend (in whole…

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CFTC Grants No-Action Relief for Exemption for CPOs and CTAs

Written by:  Jay Gould and Peter Chess In a July 10, 2012, no-action letter[1], available here, issued by a Division of the U.S. Commodity Futures Trading Commission (the “CFTC”) in response to requested relief from certain new CFTC registration obligations, the CFTC granted temporary relief to commodity pool operators (“CPOs”)…

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SEC Extends Compliance Date for Ban on Third-Party Solicitation under the Pay to Play Rule

Written by: Jay Gould and Peter Chess On July 1, 2010, the Securities and Exchange Commission (the “SEC”) adopted Rule 206(4)-5 under the Investment Advisers Act of 1940, as amended, which prohibited an investment adviser from providing advisory services for compensation to a government client for two years after the…

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FINRA Issues Additional Guidance on New Suitability Rule

Written by: Jay Gould and Peter Chess The Financial Industry Regulatory Authority (“FINRA”) released new guidance last month regarding new FINRA Rule 2111 (the “Suitability Rule”), which requires a broker-dealer to have a reasonable basis to believe that a recommended transaction or investment strategy involving a security or securities is…

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Mutual Fund Lobby Trashes General Solicitation for Private Funds (Surprise!)

Written by:  Jay B. Gould  The recently enacted JOBS Act[1] requires the Securities and Exchange Commission (“SEC”) to promulgate rules that would effectively repeal the ban on general solicitation and general advertising under Rule 506 of Regulation D by private issuers, including private funds.  Pursuant to the JOBS Act, the…

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Private Funds and the JOBS Act

Written by:  Jay B. Gould, Michael Wu and Peter Chess Note: Pillsbury and KPMG, along with the California Hedge Fund Association, will be sponsoring a “Managers Only” event on the JOBS Act and the new world of “general solicitation” for Funds on June 14. The Jumpstart Our Business Startups Act…

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Pillsbury Welcomes New Partner

We are very pleased to announce that Henry Liu is joining our New York office today as a Finance Partner and as leader of the Financial Institutions & Infrastructure Teams for Greater China and Asia. Henry has enormous reach within business, banking and government in China and is the former…

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JOBS Act Gives Confidential Review Option for U.S. Emerging Growth Company IPOs

by Joseph J. Kaufman New guidance outlines key rules for the new confidential review option for initial public offerings by emerging growth companies in the United States.  The Jumpstart Our Business Startups Act (also known as the JOBS Act) became a U.S. federal law on April 5, 2012 and immediately…