On 6 October 2022, AST ASIC guided on improving disclosure for hedge funds. AST ASIC issued regulatory guide 240 hedge funds: improving disclosure (RG 240) Supersedes prior October 2013 version; also noted related regulation impact statement. Follows AST ASIC February 2022 proposed remaking relief on PDSs, FSGs. Background Corporations act disclosure framework requires the issuer…
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U.S. – SEC’s IAC Mtg Discusses Shareholding Disclosure Reporting
On 21 September 2022, the SEC's Investment Advisory Committee had a public meeting to discuss shareholding disclosure reporting. Background: Proposed Rule 10B-1 Committee received comments on the proposed changes to 10B-1 Position Reporting of Large Security-Based Swap Positions / Asset-Based Swaps Discussion pertained to the modernizing of the reporting and regulation of the swaps markets.…
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S Korea – FSC Small-scale Fund Disclosure
On 30 August 2022, SK FIA published amended enforcement rules of regulations on financial investment business, to delete the disclosure form for small-scale funds. SK Law Center also published updated detailed regulations of the regulations on financial investment business, which takes effect from 30 August 2022.
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Netherlands – Courts Voting Rights’ Agreement
On 24 August 2022, NLD Courts ruled shareholders' voting agreement legal. NLD Courts ruled on agreement between shareholders to exercise their voting rights in the event of a tie in accordance with advice to be obtained from third parties. Supreme Court ruled the above in context of action re legality of the said agreement. Context…
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India – SEBI New Disclosure Requirement for Asset Management Companies
On 25 August 2022, IND SEBI issued a new disclosure requirement for AMCs. IND SEBI issued a disclosure requirement for asset management companies (AMCs). Follows IND SEBI January 2021 amended listing and disclosure requirements. Overview IND SEBI has recently amended the definition of 'associate' as per clause (c) of sub-regulation (1) of regulation 2 of…
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Poland – FSA Shareholding Disclosure Reporting Failure
On 9 August 2022, POL FSA fined firm's shareholder, Wojciech Babinski. POL FSA published its Jul. 14, 2022 decision to fine Wojciech Babinski PLN 7,130,000 for 13 violations of obligation to notify change after sale of shares in a company. Disclosure Breaches Babinski was the majority shareholder of the company, from its establishment, and during…
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