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FINRA Warns that Private Placements under Rule 506(b) Must Be with Known Investors

In a settlement with a broker-dealer on July 22, 2021, the Financial Industry Regulatory Authority, Inc. (“FINRA”) fined a broker-dealer for selling a private placement under Rule 506(b) of Reg D “without having established pre-existing, substantive relationships with the offerees prior to participating in those offerings. As a result, each of those sales constituted an... Read more »

N.Y. HERO Act Goes Into Effect

The N.Y. Health and Essential Rights Act (the “N.Y. HERO Act”), signed May 5, 2021, will go into effect Augst 5, 2021, by which time NY employers will need to have in place plans for the next highly contagious airborne infectious disease, although the plans themselves will not need to be commenced until the N.Y.... Read more »

UK National Security and Investment Act 2021

On April 29, 2021, the U.K. adopted the National Security and Investment Act.  The United Kingdom has issued draft rules and the law will go into effect on January 4, 2022. The law is and rules are complex, but from that date, acquisitions of 25% or more in a company active in the United Kingdom... Read more »

Tests for Qualified Clients of RIAs Raised

Under the Investment Advisers Act of 1940, registered investment advisers (“RIAs”) are prohibited from charging advisory clients performance fees based on a percentage of gains of the funds of a client unless all such advisory clients have, as set forth in Rule 205-3, either assets under management with the RIA of at least $1 million... Read more »

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