The reorganization or liquidation of most types of companies is governed in the United States by a single federal law—the US Bankruptcy Code (the “Bankruptcy Code”). As a result, no...
As discussed in the February 18, 2009 Davis Polk Corporate Regulatory Report, SEC Chairman Mary Schapiro recently spoke at the annual “SEC Speaks” conference and indicated her priorit...
In late January, members of Congress introduced two bills that could greatly affect private funds and their managers. Senators Chuck Grassley (R-IA) and Carl Levin (D-MI) proposed “The ...
On December 30, 2008, the SEC Office of the Chief Accountant and Division of Corporation Finance issued a report to Congress on mark-to-market accounting standards as provided by FAS 157,...
Prominent hedge fund managers were among those who testified before the House Committee on Oversight and Government Reform (the “Committee”) on November 13, 2008, in a hearing aimed a...
On September 30, 2008, the SEC Office of the Chief Accountant and the FASB staff issued a joint press release (“Joint Press Release”) aimed at providing financial statement users, pre...
As reported in previous Davis Polk communications, the SEC’s emergency orders requiring large institutional investment managers to report short sales in Section 13(f) securities on Form...
Under an SEC Emergency Order effective today, all institutional investment managers that are Form 13F filers for the calendar quarter ended June 30, 2008, will be required to file each we...
After planning to discuss two hedge fund-related measures at an open meeting held on December 4, 2006, the SEC revised its agenda on December 1 to withdraw both items. The withdrawn items...
On October 25, 2006, the SEC adopted Rule 2a-46 and Rule 55a-1 (the “New Rules”) under the Investment Company Act of 1940 (the “40 Act”) to expand the definition of “eligible po...
