Doug Cornelius on compliance for private equity real estate
Are you new here? The Howey case on the definition of security was about an orange farm in Florida. The Securities and Exchange Commission s case against TKO Farms and James Brian Blaylock caught my attention because of this mirror of the Howey case. I missed this case back in 2022 when the complaint was filed....
The Treasury Department’s Financial Crimes Enforcement Network published a final rule that removes the requirement for U.S. companies and U.S. persons to report beneficial ownership information to FinCEN under the Corporate Transparency Act. Additionally, FinCEN will delete from its database information previously reported by US persons. This final rule makes the interim final rule, finally final.…
On July 7, the SEC released its latest regulatory flexibility agenda. Browsing through the agenda, its a clear sign of de-regulation of financial services. Of the 38 items on the agenda, I highlight some that are most applicable to private funds. Pay-to-Play Reform The SES is considering recommending that the Commission propose amendments to rule...
The Institutional Limited Partners Association issued new guidance on the longstanding practice of limited partners bearing the cost of fund formation legal expenses. What once made economic sense—requiring LPs to cover organizational expenses when the industry was nascent and GPs lacked sufficient capital—has become an outdated practice that now enables systematic cost-shifting by highly…
I ve periodically taken a look at the Private Equity Real Estate s list of the top firms, based on fundraising. The 2026 edition was published today. I took a swing at the analysis again (with a little help). The 2026 PERE manager rankings are based on the amount of private real estate direct investment capital raised...
Since 1972, the Securities and Exchange Commission has generally allowed companies and individuals to settle civil enforcement investigations without admitting to the SEC’s allegations, provided that the settling party also does not deny them. See 17 CFR 202.5(e) . [I]t is important to avoid creating, or permitting to be created, an impression that a decree...
As private fund compliance officers shake off the work of the most recent Form PF, I decided to finally take a look at what the Securities and Exchange Commission and Commodity Futures Trading Commission are thinking about changing to Form PF. On April 20, the SEC and CFTC proposed amendments to Form PF and its...
Compute power is all the rage with AI companies demanding more and more to run their extensive systems. How about investing directly in the chipsets? You could just buy shares in Nvidia. Aaron Verdugo and his wholly owned entities, Verdugo Enterprizes, LLC dba BDaaSWorx and BDaaS Inc. had another way for investors to get in...
Ugh. Prosecutors filed charges against 30 people who allegedly participated in an insider trading scheme that involved several major corporate law firms. The defendants include corporate attorneys, who allegedly exploited confidential information from nearly 30 merger and acquisition deals. Charges were filed by the Department of Justice and the Securities and Exchange Commission. At the...
The Securities and Exchange Commission issued a proposed rule and form amendments that would give public companies the option of filing semiannual reports instead of quarterly reports to meet their reporting obligations under the federal securities laws. For those in the private space, that generates a yawn. Private companies are likely to keep reporting quarterly...