Archive:June 2024

1
Australia: Deciphering Derivatives Transaction Reporting
2
United States: 5th Circuit Vacates the Private Fund Adviser Rules in Full
3
Europe: The Central Bank of Ireland Continues to Focus on Financial Stability

Australia: Deciphering Derivatives Transaction Reporting

By: Jim Bulling and Simon Kiburg

On 21 October 2024 the new ASIC Derivative Transaction Rules (Reporting) 2024 (2024 Rules) will come into effect replacing the current ASIC Derivative Transaction Rules (Reporting) 2022 (2022 Rules). In this post we set out some of the major changes to the 2022 Rules and some of the issues market participants in this space should be aware of.

Read More

United States: 5th Circuit Vacates the Private Fund Adviser Rules in Full

By: Pablo J. Man, TJ Bright, Kenneth Holston, and Tristen C. Rodgers

Earlier today, 5 June 2024, the US Fifth Circuit Court fully vacated the Private Fund Adviser Rules (PFAR) in a unanimous and highly anticipated decision curbing the Securities and Exchange Commission’s authority to regulate private funds. Absent a successful appeal of the decision, the PFAR will not come into effect.

Read More

Europe: The Central Bank of Ireland Continues to Focus on Financial Stability

By: Shane Geraghty, Michelle Lloyd, and Ruth Hennessy

The Central Bank of Ireland has announced this week that they will publish a feedback statement on their approach to macroprudential policy for investment funds, we expect in the coming months.

They issued a discussion paper on this topic late last year. The European Commission also released a targeted consultation on macroprudential policies for non-bank financial intermediaries on 22 May 2024.

The Central Bank’s announcement follows hot on the heels of its publication of a macroprudential policy framework for Irish-authorised GBP-denominated liability driven investment funds, as discussed here.

At the Central Bank’s recent Macroprudential Policy for Investment Funds Conference, the Governor of the Central Bank, Gabriel Makhlouf, indicated that a macroprudential framework for investment funds should not be a replication of the banking framework and should have:

  • A well-articulated set of objectives and principles; and
  • A framework tailored to the nature of the systemic risk from different fund cohorts – i.e. not a
    ‘one-size-fits-all approach’.

Governor Makhlouf noted that the objective is to ensure that this growing segment of the financial sector becomes more resilient and less likely to amplify adverse shocks.

Copyright © 2025, K&L Gates LLP. All Rights Reserved.