A few years ago, Assure had a client that was utilizing capital-raising SPVs to invest in startup companies. This client had a global network of both startup companies and investors. One particular deal needed to move quickly – a common occurrence for Assure. In the coming few days, this SPV needed to be set up, funds collected and then wired.
Investment advisers who are primarily regulated by the SEC (Large Adviser firms with $100M or more in Assets Under Management (“AUM”)) may claim federal exempt reporting status by relying on one of the statutory exemptions implemented under the Dodd-Frank Act amending the Investment Advisers Act of 1940 (“Advisers Act”).
Are you staying compliant with your investments? With the regulatory requirements ever-evolving, Investment Fund Organizers and investors need to always ensure that they are in compliance with the Institution of Securities and Exchange Commission (“SEC”). We asked our experts at Assure to address the five most common compliance questions they’ve had to address recently.
Real estate funds have several similarities to private equity and venture capital funds, but the regulatory requirements are often slightly different. Generally, real estate fund managers should be concerned with two regulatory requirements. One relates to the fund manager and the other to the fund itself, though both are very related to one another.
The question every fund organizer should ask is whether their investment fund must comply with state Blue Sky notice filings. The short answer, is yes. Why? Because almost all investment fund offerings meet the definition of a “security” for purposes of federal and state disclosure and notice requirements.
Investment fund organizers acting as investment advisers are subject to registration with the appropriate regulatory authority. The determination of which regulatory authority the adviser is subject to is based on an analysis of Assets Under Management (“AUM”) and comparison to three registration thresholds detailed below.