13 Listings of Private Investment Funds as a Means of Mitigating the Governance Challenge

2018 ◽  
Author(s):  
Spangler Timothy
Keyword(s):  
Stock Exchange ◽  
Private Investment ◽  
Investment Fund ◽  
London Stock Exchange ◽  
Investment Funds ◽  
Fund Managers ◽  
Potential Market ◽  
Securities Exchanges ◽  
Regulatory Functions ◽  
Alternative Investment

This chapter explains how the admission to listing of private investment funds on a recognized exchange can provide a means to address the governance challenge. It first considers the regulatory functions of securities exchanges before turning to the Irish Stock Exchange (ISE), taking into account three areas relevant to the governance challenge faced by private investment funds: general obligations of disclosure, notification of interests and key developments, and communications with unitholders. It then examines how an ISE listing can provide a potential market-oriented solution to the governance challenge. It also discusses listing-related developments at the London Stock Exchange, Alternative Investment Fund Managers Directive depositories, and limitations on the effectiveness of exchange listings.

scholarly journals Implementation of Directive 2011/61/Eu of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers Into Czech Legal System

2021 ◽  
Vol 21 (1) ◽  
pp. 47-61
Author(s):  
Zuzana Šiková
Keyword(s):  
Czech Republic ◽  
Legal System ◽  
European Parliament ◽  
Investment Fund ◽  
Investment Funds ◽  
Scientific Methods ◽  
Fund Managers ◽  
Investment Companies ◽  
Alternative Investment

This contribution deals with the implementation of Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 into Czech legal system. The main aim of the contribution is to confirm or disprove the hypothesis that entity in Section 15 of Act no. 240/2013 Coll, on Investment Companies and Investment Funds, as amended, is an alternative fund according to the Directive 2011/61/EU and that Directive 2011/61/EU was not transposed in Czech Republic properly. Author used to confirm or disprove above mentioned hypothesis scientific methods, especially comparison, induction and deduction. This contribution also looks at the Directive 2011/61/EU evaluation of its effectiveness and possible development of regulation in this area.

The Law of Private Investment Funds

2018 ◽  
Author(s):  
Spangler Timothy
Keyword(s):  
Hedge Funds ◽  
Financial Services ◽  
Private Equity ◽  
Global Financial Crisis ◽  
Private Investment ◽  
Investment Fund ◽  
Investment Funds ◽  
Fund Managers ◽  
The Global Financial Crisis ◽  
The Impact

This book provides a clear and concise dual US/UK and pan-asset analysis on the legal and regulatory issues that arise in connection with private investment funds. The book advises on the structuring, formation, and operation of a range of asset classes, including hedge funds, private equity funds, real estate funds, and other non-retail collective investment vehicles. This edition has been revised to reflect the numerous and significant developments in financial services regulation on both sides of the Atlantic since the publication of the second edition. More elements of the Dodd Frank financial regulatory reforms, which increased the scope and reach of regulation applicable to private funds, have been implemented and commented on in this edition. In relation to European regulation, the impact of the commencement of the Alternative Investment Fund Managers Directive (AIFMD) has also now been analysed. The US/UK approach is maintained, but this edition now also includes consideration of third countries, particularly the Middle East and Asia. An entirely new chapter is dedicated to litigation and regulatory enforcement, and some treatment is given to the effects of the global financial crisis, in particular the regulatory response and the changes to negotiating leverage of fund managers and fund investors. The potential impact of ‘Brexit’ on the United Kingdom private funds industry and the future of the AIMFD and European private funds is also examined.

14 Evaluating and Implementing Private Monitoring Solutions

2018 ◽  
Author(s):  
Spangler Timothy
Keyword(s):  
Financial Regulation ◽  
Private Investment ◽  
Investment Fund ◽  
Due Diligence ◽  
Investment Funds ◽  
Private Monitoring ◽  
Fund Managers ◽  
Investment Protection ◽  
Adoption And Implementation ◽  
Flow Of Information

This chapter considers three private monitoring solutions designed to help fund investors better address the problems arising from the governance challenge by facilitating a better flow of information from the fund manager to the investors and their agents. All three private monitoring solutions recognise the commercial contexts in which private investment funds operate by emphasizing voluntary steps that fund managers and investors can take incrementally. Each focuses on the provision of accurate and timely information as the means to overcome the investment protection concerns that arise due to the collectivised nature of the private investment fund. The chapter first looks at the criticisms against private monitoring solutions as well as the limits of financial regulation before discussing due diligence as the commercial foundation for private monitoring solutions. It also examines how to best support the wider adoption and implementation of private monitoring solutions.

Marketing funds in Europe: a practical look at the marketing regime under the Alternative Investment Fund Managers Directive 2011/61/EU and other regulatory requirements

2014 ◽  
Vol 15 (3) ◽  
pp. 20-27
Author(s):  
Jacob Ghanty ◽  
Justin Cornelius ◽  
Matthew Baker ◽  
Chris Ormond
Keyword(s):  
Financial Regulation ◽  
Investment Fund ◽  
Regulatory Requirements ◽  
Investment Funds ◽  
Content Type ◽  
Fund Managers ◽  
Wide Range ◽  
Questions And Answers ◽  
Financial Regulatory ◽  
Alternative Investment

Purpose – To provide a practical look at the Alternative Investment Fund Managers Directive 2011/61/EU (AIFMD) and other regulatory requirements as they pertain to marketing funds in Europe. Design/methodology/approach – A series of questions and answers exploring some of the principal issues to be aware of when raising a fund in Europe. AIFMD is the key focus, but we also examine other financial regulation that may apply alongside AIFMD, as well as cross-border implications of any marketing initiative. Findings – One of the original aims of AIFMD was to harmonise the management and marketing of alternative investment funds in Europe so that a uniform set of rules will eventually apply. However, in the meantime, the law and regulations relating to marketing are particularly complicated, with a wide range of different requirements that may apply depending on who you are and where you are marketing. Originality/value – Practical guidance from experienced investment management and financial regulatory lawyers.

Financial Technology and Hedge Funds

2021 ◽  
pp. 231-250
Author(s):  
Wulf A. Kaal
Keyword(s):  
Hedge Funds ◽  
Leading Edge ◽  
Private Investment ◽  
Emerging Technology ◽  
Machine Learning Algorithms ◽  
Primary Role ◽  
Investment Fund ◽  
Fund Managers ◽  
Blockchain Technology ◽  
Front Office

Hedge funds have been on the leading edge of technology in finance with the use of big data, artificial intelligence, machine learning algorithms, and blockchain technology. This chapter examines how and why private fund advisors utilize emerging technology. Some indicia suggest that emerging technology plays a primary role in front office and investment functions, in the securing of crypto assets, but also in private investment fund managers’ attempts to satisfy the growth expectations of clients. The use of emerging technology in trade execution and other back-office functions goes hand-in-hand with an ever-increasing interest in the private investment fund industry in investing in digital assets.

Alternative regulation: the directive on alternative investment fund managers

2011 ◽  
Vol 6 (3) ◽  
pp. 326-363 ◽  
Author(s):  
A. Duncan ◽  
E. Curtin ◽  
M. Crosignani
Keyword(s):  
Investment Fund ◽  
Fund Managers ◽  
Alternative Investment
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