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Sun Capital 一案更新:美国区域法院就在私募股权基金上加退休金责任一决定双
Amendments to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., in 1980 made "trade[s] or business[es]" that are under "common control"—which has since been defined by regulation to mean 80 percent common ownership—jointly and severally liable for each other's withdrawal liability under a multi-employer pension plan.
United States
2 Aug 2016
2
Sun Capital Update: District Court Doubles Down On Imposition Of Pension Liability For Private Equity Funds
In 2007, two private equity funds of Sun Capital Advisors, Inc.—Sun Capital III and Sun Capital IV (collectively, the "Sun Capital funds")—acquired 30 percent and 70 percent stakes, respectively, in Scott Brass, Inc...
United States
1 Jun 2016
3
The DOL's Final "Fiduciary" Rule—Countdown To Implementation Begins In Earnest
On April 6, 2016, the DOL issued final regulations defining who is a fiduciary as a result of giving "investment advice" to an employee benefit plan subject to ERISA or an individual retirement account.
United States
28 Apr 2016
4
Tightened Regulations On Managers Of Funds Marketed To Japanese Investors Will Come Into Force Shortly
As outlined above, the Amendments will significantly tighten regulations on managers of funds marketed to Japanese investors.
Japan
1 Mar 2016
5
UK Launches Competition Study Of Asset Management Market
The UK's Financial Conduct Authority has announced that it will undertake, for the first time, a competition market study of the asset management sector.
UK
24 Nov 2015
6
QPC On The French REIT-Like Regime
In the case at hand, the taxpayer was challenging the constitutionality of Article 208 C ter of the FTC, which provides that a tax on unrealized capital gains is due...
France
19 Aug 2015
7
Once More Unto The Breach—The New "Fiduciary" Definition
On April 14, 2015, the Department of Labor re-proposed regulations that define when someone becomes a fiduciary by reason of providing "investment advice for a fee or other compensation."
United States
27 Apr 2015
8
Fifth Third Bancorp V. Dudenhoeffer: Supreme Court Rejects "Presumption Of Prudence" For Stock Drop Cases
The United States Supreme Court issued its decision in Fifth Third Bancorp v. Dudenhoeffer, a decision that had been highly anticipated by the ERISA bar.
United States
2 Jul 2014
9
Investment Funds In The Dubai International Financial Centre: A Lighter Touch Coming?
There are currently a number of different options for establishing and offering investment funds from the UAE, and all of these options are highly regulated.
United Arab Emirates
5 Jun 2014
10
Congressional Proposals Seek To Promote Foreign Investment In U.S. Real Estate
On July 31, Representative Kevin Brady introduced H.R. 2870 to amend the Foreign Investment in Real Property Tax Act, the tax regime governing foreign investment in U.S. real estate.
United States
30 Sep 2013
11
Offering Foreign Investment Funds In The UAE — A New Regime
The Securities and Commodities Authority of the United Arab Emirates has published a set of regulations relating to investment funds that significantly increase the regulation of both foreign and local investment funds active in the United Arab Emirates.
United States
7 Feb 2013
12
Fund Raising In The United Arab Emirates To Be Regulated
The Securities and Commodities Authority of the United Arab Emirates ("ESCA") has recently published draft regulations that, if enacted as proposed, will significantly increase the regulation of both foreign and local investment funds active in the United Arab Emirates (the "UAE").
United Arab Emirates
1 Mar 2011
13
Dubai Set To Alter IPO Rules To Attract Listings
NASDAQ Dubai recently announced a proposal ("Proposal") to implement wide-ranging changes to the Dubai International Financial Exchange Listing Rules, 2005 ("Listing Rules").
United Arab Emirates
22 Feb 2011
14
IRS Extends FBAR Filing Deadline For U.S. Investors In Offshore Investment Funds
As we reported recently, earlier this year representatives of the U.S. Internal Revenue Service ("IRS") indicated informally that U.S. investors in foreign private equity and hedge funds are required to report annually their fund interests on Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (an "FBAR").
United States
2 Sep 2009
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