In a significant legal turnaround, the U.S. 5th Circuit Court of Appeals has nullified SEC regulations intended for private funds, marking a pivotal moment for private lenders and fund managers. During the past year, you may have heard about the Securities and Exchange Commission (SEC) adopting a sweeping new set of rules and regulations to [...]
What are the rules—and who do they apply to? NOTE: The dust is still settling with respect to the regulation changes covered here and their impact on funds in the real estate lending space, specifically as it relates to funds that rely on the 506c and 506b exemptions. There are various schools of thought on [...]
This article is co-authored by Jack O'Flaherty, founding partner and managing member at High Divide Management, and Henry Chavez, Principal at Spiegel Accountancy Corp. Managers must consider the qualifications of the financial professionals they work with to ensure managerial and financial statement compliance. Building out the financial team for your lending business or fund is [...]
Answering this question is a critical first step in successfully launching your debt fund. When launching a debt fund, you must understand when and how investors will enter and exit the fund. In addition to being one of the key mechanics behind the operations of your fund, it will be one of the questions investors [...]
Assessing whether your fund is an investment company is just the beginning of the journey to ensure complete and accurate financial reporting for your fund. A key, but often overlooked component of running a direct lending fund is fully understanding what your investors and relevant regulatory bodies expect and require in terms of financial [...]
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