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Strictly Business

A legal blog on private funds, startups, and venture capital.

  • Categories
    • General Business Law
    • Intellectual Property
    • Mergers & Acquisitions
    • Private Equity and Hedge Funds
    • Startups and Venture Capital
    • Technology
  • Guides
    • Exempt Reporting Adviser Filing Requirements
    • State Investment Adviser Registration
    • The Corporate Transparency Act – Annotated
Strictly Business

A legal blog on private funds, startups, and venture capital.

  • Private Equity and Hedge Funds

California Department of Corporations Proposes New Private Fund Exemption

On December 15, 2011, the California Department of Corporations proposed revised regulations exempting certain private fund managers from investment adviser registration with the state of California. Background Previously, under Cal. Code Regs. tit. 10, § 260.204.9, private fund managers in…

  • Alexander J. DavieAlexander J. Davie
  • February 9, 2012
  • Mergers & Acquisitions

Due Diligence for Buying a Business 101 – Part 4: Operational Due Diligence

Previously, I wrote about the need for the purchaser of a business to conduct due diligence on its prospective acquisition target.  As I discussed, due diligence on a business can be split into three sections: legal, financial, and operational.  This…

  • Alexander J. DavieAlexander J. Davie
  • February 1, 2012
  • Private Equity and Hedge Funds

Should private funds be exempt from the ban on general solicitation?

The Managed Funds Association recently submitted a comment letter to the Securities and Exchange Commission dated January 6, 2012 requesting the SEC to amend Rule 502(c) of Regulation D to exempt private funds, such as hedge funds, private equity funds,…

  • Alexander J. DavieAlexander J. Davie
  • January 26, 2012
  • Mergers & Acquisitions

Due Diligence for Buying a Business 101 – Part 3: Financial Due Diligence

Previously, I wrote about the need for the purchaser of a business to do due diligence on its prospective acquisition target.  As I discussed, due diligence on a business can be split into three sections: legal, financial, and operational.  This…

  • Alexander J. DavieAlexander J. Davie
  • January 24, 2012
  • Private Equity and Hedge Funds

Indiana Securities Division Updates Its Private Fund Exemption to Include Non-Venture Capital Funds

In August 2011, the Indiana Securities Division issued an Administrative Order updating its venture capital exemption from investment adviser registration under the Indiana Uniform Securities Act to harmonize its provisions with the new venture capital exemption in the Dodd-Frank Act.…

  • Alexander J. DavieAlexander J. Davie
  • January 20, 2012
  • Private Equity and Hedge Funds

What are “regulatory assets under management” and why does a private fund adviser need to determine them?

Because of the investment adviser registration requirements and exempt reporting adviser filing requirements under the Investment Advisers Act 1940 as well as the enhanced reporting required of some private fund advisers to file Form PF, private fund advisers must make…

  • Alexander J. DavieAlexander J. Davie
  • January 18, 2012
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