Catagory:Investment Manager Regulation

1
Singapore: MAS Publishes Observations From Inspection of Venture Capital Fund Managers
2
Europe: Significant Changes Proposed to Market Abuse Regulation in the UK
3
Europe: Here’s Your Chance to Improve the UK’s Senior Managers and Certification Regime
4
United States: Staff Provides Legend Alternative for Non-Transparent ETFs Short on Ad Space
5
Australia: Registered scheme and CCIV compliance: Obligation to give notice of members’ rights
6
People’s Republic of China: First QDLP Managed by WFOE PFM Launched in Shanghai
7
People’s Republic of China: CSRC Expanding Registration Based IPO Regime
8
Europe: ELTIF 2.0 Has Been Published
9
United States: SEC Proposes Amendments to Broaden the Scope of Regulation S-P in Response to Digital Communications and Risks to Customer Personal Information
10
People’s Republic of China: CSRC Released New Cybersecurity and Data Privacy Rules for Securities and Futures Institutions

Singapore: MAS Publishes Observations From Inspection of Venture Capital Fund Managers

By Edward Bennett and Jordan Seah

Earlier this year, selected market participants were issued a report from MAS on observations from its 2022 inspection of licensed Venture Capital Fund Managers (“VCFMs”).

Having requested that MAS publish its report more widely, the circular is now publicly available here.

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Europe: Significant Changes Proposed to Market Abuse Regulation in the UK

By Michael Ruck and Aurelija Grubytė

HM Treasury and the FCA have completed their joint review of the criminal market abuse regime, and published a joint statement on 24 March 2023. Their observations are relevant to both the criminal and civil market abuse regimes in the UK.  Most notably:

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Europe: Here’s Your Chance to Improve the UK’s Senior Managers and Certification Regime

By Samuel Gordon

The FCA, PRA and UK Government are looking for feedback by 1 June 2023 to guide potential changes to the Senior Managers and Certification Regime (SMCR), the UK’s regime designed to improve individual accountability and conduct standards of (mostly) senior personnel in financial services firms. To this end, the FCA and PRA jointly published a discussion paper on 30 March and HM Treasury published a call for evidence.

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United States: Staff Provides Legend Alternative for Non-Transparent ETFs Short on Ad Space

By Keri E. Riemer

Non-transparent exchange-traded funds (ETFs) that are struggling to fit in digital advertisements the specific risk legend set forth in their exemptive orders (Exemptive Order Risk Legends) may be in luck. On 29 March 2023, the staff (Staff) of the Division of Investment Management of the U.S. Securities and Exchange Commission (SEC) issued a statement (Statement) requesting that non-transparent ETFs use in such ads either (i) the text and formatting of their Exemptive Order Risk Legends; or (ii) the following text and formatting (with bold as shown and without bullets) (the Staff Risk Legend):

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Australia: Registered scheme and CCIV compliance: Obligation to give notice of members’ rights

By Matthew Watts and Rebecca Mangos

As the end of the 2023 financial year fast approaches, responsible entities and CCIV corporate directors should be reminded of their obligation to notify members by 30 June 2023 of their rights to elect and request to receive certain documents in physical or electronic form.

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People’s Republic of China: First QDLP Managed by WFOE PFM Launched in Shanghai

By Chloe Duan and Grace Ye

In 2016, the China Securities Regulatory Commission launched the wholly foreign-owned enterprise private fund manager (WFOE PFM) program to encourage foreign fund managers to make investments in China with money raised in China. With the launching of the first Qualified Domestic Limited Partner (QDLP) fund managed by a WFOE PFM in March 2023, foreign fund managers now have the choice to decide where to invest globally with the funds raised in China.

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People’s Republic of China: CSRC Expanding Registration Based IPO Regime

By Chloe Duan and Grace Ye

The China Securities Regulatory Commission (CSRC) released a series of rules on reform of the regulatory regime for initial public offering (IPO) on Chinese stock exchanges (Reform). The Reform essentially expands the registration-based IPO regime (Registration Regime) to the main boards at the Shanghai Stock Exchange and the Shenzhen Stock Exchange.

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Europe: ELTIF 2.0 Has Been Published

By Philipp Riedl

On 15 March 2023, amendments to the EU Regulation on the European Long-Term Investment Fund (ELTIF) were published in the Official Journal of the European Union.  They will apply from 10 January 2024.

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United States: SEC Proposes Amendments to Broaden the Scope of Regulation S-P in Response to Digital Communications and Risks to Customer Personal Information

By: Trayne S. Wheeler, Brian Doyle-Wenger, and Gustavo De La Cruz Reynozo,

On March 15, 2023, the U.S. Securities and Exchange Commission (“SEC”) proposed amendments to Regulation S-P. The proposed amendments would require covered institutions to enhance protections of consumer information by requiring the adoption of written policies and procedures for an incident response program. The amendments would expand the scope of Regulation S-P by requiring covered institutions to provide timely notifications to individuals affected by data breaches and by extending the definition of the information covered by the regulation.

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People’s Republic of China: CSRC Released New Cybersecurity and Data Privacy Rules for Securities and Futures Institutions

By Chloe Duan and Grace Ye

The China Securities Regulatory Commission (CSRC) released the Administrative Measures for Network and Information Security in Securities and Futures Sectors (Measures) on 27 February 2023, which will become effective on 1 May 2023.

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