Weil’s Marcia L. Goldstein, Heath P. Tarbert, and Kathlene M. Burke authored a column for The New York Law Journal discussing the recently finalized implementing rule in connection with resolution plans, or “living wills,” concluding that the regulations still leave a substantial degree of uncertainty as to what exactly it will take to ensure a plan is “credible.”
Access Full-Text Article from The New York Law Journal (may require subscription)
The October 25, 2011 webinar titled “The Volcker Rule’s Impact on Private Funds: Recent Rulemakings and Market Trends” is now available on demand.
The program featured Weil’s Harvey Eisenberg, Derrick Cephas, and Heath Tarbert and addressed recent and forthcoming rules pursuant to the Dodd-Frank Act’s Volcker Rule (Section 619) whereby large, systemically important banks will have to divest certain fund operations.
The Financial Stability Board (FSB) has identified the institutions that it will designate as Globally Systemically Important Financial Institutions (G-SIFIs). The announcement was made today around the G-20’s Cannes Summit. In a related communication, the FSB stated: [click to continue…]
Systemic Risk: The Age of SIFIs and GSIBs
The Clearing House’s First Annual Business Meeting & Conference
November 9-10, 2011, New York Palace Hotel, New York, NY | Register Now
Weil’s Heath Tarbert is scheduled to appear as a panelist at The Clearing House’s First Annual Business Meeting & Conference, to be held on November 9-10 at the New York Palace Hotel in New York, NY. The conference will examine the commercial banking regulatory and payments landscape in the post-Dodd-Frank era, as well as other related legal and tax issues. Mr. Tarbert’s panel will discuss current Dodd-Frank rulemakings pertaining to the Orderly Liquidation Authority, Title II, Early Remediation, and resolution planning, or “living wills.”
by David E. Wohl and Kira F. Stanfield
The Commodity Futures Trading Commission (the “CFTC”) and the Securities and Exchange Commission (the “SEC”) have announced the adoption of new rules under the Commodity Exchange Act and the Investment Advisers Act of 1940 (the “Advisers Act”) requiring SEC-registered investment advisers to private funds (including private equity funds, hedge funds and liquidity funds) to periodically file Form PF with the SEC. The stated purpose of the new rules is to implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) designed to assist the Financial Stability Oversight Counsel (the “FSOC”) in monitoring potential systemic risks to the United States financial system. As discussed below, the timing and types of information that an adviser is required to disclose on Form PF depends on whether such adviser manages private equity funds, hedge funds or liquidity funds and the size of those funds. [click to continue…]
DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT
U.S. Regulatory Agencies
