Your Funds Don't Employ Derivatives, or Use Them Sparingly? 5 Questions You Still Need To Ask About the SEC's New Derivatives Rule

Posted by Richard Wagner on Jan 12, 2021 10:58:52 AM

On October 28, 2020, the SEC adopted a new rule designed to address the investor protection purposes and concerns underlying Section 18 of the Investment Company Act of 1940. More specifically, Rule 18f-4 provides an updated and more comprehensive approach to the regulation of funds’ use of derivatives. This Rule is effective for all funds February 19, 2021, with a compliance date of August 19, 2022. While the final Rule offers a more than 450-page comprehensive framework for funds utilizing derivatives, management and Boards of funds not employing derivatives, or utilizing them on a limited basis, still should be aware of the impact of certain key points of the Rule.

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Join the Conversation on the SEC's New Derivatives Rule- 11 Things You Need to Know

Posted by Richard Wagner on Jan 12, 2021 9:41:15 AM

On October 28, 2020, the SEC adopted a new Rule designed to address the investor protection purposes and concerns underlying Section 18 of the Investment Company Act of 1940. More specifically, Rule 18f-4 provides an updated and more comprehensive approach to the regulation of funds’ use of derivatives. This Rule is effective for all funds February 19, 2021, with a compliance date of August 19, 2022.

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On-Demand Webcast- Significant Changes Ahead: Your Guide to the SEC's Proposed Filing and Disclosure Modernization

Posted by admin on Dec 16, 2020 4:03:58 PM

In BBD's latest Webcast, John Braun and Cory Stewart teamed up with Steve Connors from SEI and David Freese and Sean Graber from Morgan Lewis for a dynamic discussion on the SEC's new proposed filing and disclosure modernization. 

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Upcoming Webcast- Significant Changes Ahead: Your Guide to the SEC's Proposed Filing and Disclosure Modernization

Posted by admin on Dec 9, 2020 10:21:23 PM

Join our webcast on December 15 at 2:00 p.m. EST for an important update on how filing and disclosure modernization will impact your funds.

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Regulated Investment Companies and Section 163(j) of the 2017 Tax Cuts and Jobs Act

Posted by admin on Dec 3, 2020 12:45:00 PM

One of the main provisions of the 2017 Tax Cuts and Jobs Act (“TCJA”) was Section 163(j), which limits the deductibility of business interest expense (“BIE”) for corporations. On July 28, 2020, Treasury and the IRS released proposed regulations that provided substantial guidance, specifically with its application to Regulated Investment Companies (“RICs”). 

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Fund Annual Reports Made Simple: 11 Key Changes in the SEC's Proposed Filing and Disclosure Modernization

Posted by John Braun on Nov 23, 2020 12:37:09 PM

Update: Don't miss our Webcast on this topic, in partnership with Morgan Lewis and SEI, on December 15!

On August 5, 2020, the Securities and Exchange Commission issued a rule proposal to modernize the disclosure framework specific to mutual funds and exchange-traded funds (collectively referred to herein as “funds”). The general premise of the proposed rule is that different presentations are useful to different audiences relating to a fund’s reporting of operations and offerings. More specifically, while the traditional methods of providing full financial statements and a prospectus to shareholders may be useful to investment professionals and institutional investors, the average investor finds this information clumsy and confusing and would rather have more limited and graphical information focused on items such as the performance and expenses of the fund. In fact, it would not surprise most in the industry to find out that most retail investors are not engaging in a detailed review of the financial statements or offering documents.

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On-Demand Webcast- The New Cayman Private Funds Law: A Look Forward

Posted by admin on Nov 12, 2020 6:04:19 PM

In BBD's latest Webcast, John Braun and Cory Stewart teamed up with Joanne Huckle from Ogier and BBD Cayman partner Sam Young for a lively discussion on an important Cayman funds update.

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Upcoming Webcast- The New Cayman Private Funds Law: A Look Forward

Posted by admin on Oct 23, 2020 12:28:19 PM

Join our webcast on November 11 at 2:00 p.m. EST for an important Cayman Funds update. 

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John Braun Contributes to Fund Board Views With Viewpoints Column on the SEC's Proposed Rule 2a-5: Thoughts From a Fellow Gatekeeper

Posted by admin on Oct 14, 2020 6:35:02 PM

BBD partner John Braun recently offered his gatekeeper perspective on the evolution of fair value and the SEC's proposed Rule 2a-5 in a Viewpoints column for Fund Board Views.

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Tax Efficiency Challenges For Non-Transparent and Semi-Transparent Active ETFs: Are Custom Baskets on the Horizon?

Posted by Jim Kaiser on Sep 29, 2020 10:24:00 PM

Exchange traded funds (“ETFs”) have risen in popularity among asset managers and investors in recent years for several reasons, not the least of which is the tax efficient nature of the vehicles. Despite this benefit, many active managers have been reluctant to enter the ETF space. Of primary concern to active managers is the requirement for ETFs to publish their portfolios, or “baskets,” daily. This transparency effectively allows others a look under the hood, which could lead to front running, which is the practice where traders buy ahead of large orders from ETFs and short sell ahead of large sell orders. This could result in ETFs paying more to purchase securities in the market and receiving less to sell securities. Another potential negative result of this transparency is the possibility of another provider effectively cloning an existing transparent ETF and offering it with a lower expense ratio.

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