United States: Fund Management/ REITs

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Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
SEC Proposes Interval Fund Updates, Extension Of Multi-Class Relief For Closed-End Funds And BDCs
The U.S. Securities and Exchange Commission has proposed significant amendments to modernize interval fund operations and extend multiple share class eligibility to non-traded closed-end funds and business development companies. These changes would eliminate longstanding regulatory barriers by allowing interval funds to defer initial repurchase offers for up to two years, introducing monthly repurchase options, and replacing rigid liquidity requirements with principles-based approaches, while also removing
United States Finance
D
Dechert
Article
SEC Proposes Amendments Addressing Retailization; Modernizing Regulated Funds And Performance-Based Compensation
The SEC has proposed sweeping amendments that would fundamentally reshape how business development companies, interval funds, and other regulated funds operate, including new pathways for performance-based compensation, expanded share class flexibility, and modernized liquidity requirements. These changes aim to facilitate retail investor access to private markets while providing fund sponsors with greater structural and economic flexibility in portfolio construction and distribution models.
United States Finance
MB
Mayer Brown
Article
SEC Proposes To Significantly Expand Performance Fee Eligibility
The SEC has proposed sweeping changes to performance fee rules that would allow all regulated funds—including mutual funds and ETFs—to charge performance fees on capital gains and appreciation, while simultaneously expanding access by redefining who qualifies as eligible to pay such fees. The proposal introduces a 20% cap on performance fees, new governance requirements, and enhanced disclosure obligations that could fundamentally reshape how investment advisers structure compensation arrangemen
United States Finance
D
Dechert
Article
BDC Facts & Stats 2026
Business development companies (BDCs) have become a critical financing source for private equity-backed small- and middle-market companies while offering investors attractive private credit exposure. As the BDC market matures, sponsors and investors are increasingly exploring alternative structures, joint ventures with institutional investors, and evolving co-investment arrangements. The regulatory landscape continues to shift with proposed SEC rulemakings that could expand retail access to private markets
United States Finance
MB
Mayer Brown
Podcast
The Activist Advantage: Gavriel Kahane, Managing Partner - Arkhouse (Podcast)
From New York real estate to private equity, Gavriel Kahane of Arkhouse reveals how he identifies mispriced assets in public markets that private investors overlook. This conversation explores trophy assets, activist investing, and the strategic pursuit of companies like Columbia Property Trust, Macy's, and Family Dollar where Wall Street valuations diverge from Main Street realities.
United States Finance
AM
Allen Matkins Leck Gamble Mallory & Natsis
Article
CLO Equity Fund Market 2026 Update: Clearing Skies
The global CLO equity fund market is experiencing a cautious reopening after a period of tight arbitrage and challenging economics. With U.S. CLO issuance approaching $230 billion in the first half of 2026 and major platforms successfully raising billion-dollar funds, captive and third-party CLO equity fund structures are evolving rapidly as managers deploy sophisticated structuring technologies to provide stable execution capacity and attract institutional capital seeking diversified credit exposure with s
United States Finance
D
Dechert
Article
The Evolution Of Private Credit Markets In The U.S. And Europe: Part 3 Of 3
Private credit markets in the U.S. and Europe have evolved through distinct regulatory pathways, with the U.S. developing scalable fund structures earlier while Europe advanced through harmonization. The implementation of AIFMD 2.0 in April 2026 marks Europe's transition toward a unified, prescriptive framework for loan-originating funds, introducing leverage caps, concentration limits, and enhanced investor protections.
United States Finance
D
Dechert
Podcast
Building A Fund Around Founder Empathy And Regional Needs (Podcast)
Aurelia Edwards, co-founder and general partner of Edin Capital, discusses her transition from startup founder to venture capital fund manager and explains why not every startup should pursue unicorn status. She shares insights on supporting founders with investment strategies that align with their actual business goals rather than forcing them into a Silicon Valley mold, while emphasizing the importance of understanding regional markets and generating both financial returns and community impact.
United States Commercial
HK
Holland & Knight
Article
Faster Together: Cross-portfolio Cost Advantage For PE, In Weeks
Private equity portfolios are leaving material savings unclaimed because traditional approaches can only surface opportunities one company at a time. New AI-enabled techniques now allow sponsors to identify and capture savings simultaneously portfolio-wide, with results in weeks rather than months, addressing the industry's challenges of higher interest rates, elongated holds, and narrow exit windows.
United States Finance
A
AlixPartners
Article
Payment-In-Kind Interest In Fund Finance Transactions
Payment-in-kind (PIK) interest allows fund borrowers to defer cash interest payments by converting them into additional principal obligations, offering a powerful liquidity management tool for private equity and real estate investment funds. This analysis examines the strategic considerations, tax implications, and regulatory guardrails that both borrowers and lenders must evaluate when implementing PIK interest provisions in subscription and NAV facilities. From leverage covenant compliance to interest rat
United States Finance
MB
Mayer Brown
Article
Beyond Qualified Clients: Are Performance Fees Coming To A Registered Fund Near You?
The SEC's Division of Investment Management is considering rule amendments that would allow investment advisers to charge performance-based fees to a broader range of clients beyond the current "qualified client" threshold. This potential regulatory shift could dramatically expand retail investor access to private markets through registered funds and fundamentally reshape the competitive landscape for fund managers who have previously been deterred by performance fee restrictions.
United States Finance
GP
Goodwin Procter LLP
TL
Torys LLP
Article
Appointing Your US Partnership Representative
Each year, under the Bipartisan Budget Act of 2015 (“BBA”), US partnerships are required to appoint a US-based partnership representative, in order to act as a liaison with the Internal Revenue Service (“IRS”) and deal with any arising tax matters. The requirement to appoint a partnership representative applies to both US and non-US investment vehicles that elected to be treated as partnerships for US tax purposes.
United States Finance
MG
Maples Group
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