In a significant move reflecting its aggressive growth strategy, Houston-based Registered Investment Advisor (RIA) Americana Partners has acquired Boulevard Family Wealth in Beverly Hills, California. This marks Americana’s first expansion outside of Texas. To navigate the complexities of this multibillion-dollar deal, Americana worked with Winstead’s Investment Management and Private Funds Industry Group. The team involved

As an asset manager, you may be familiar with the regulatory issues that come into play when a fund permits investments from “benefit plan investors,” which generally include certain employee benefit plans subject to the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) and individual retirement accounts.  The main concerns include the need

As promised, FinCEN has adopted its interim final rule and narrowed the filing requirements for Beneficial Ownership Information (“BOI”) reporting under the Corporate Transparency Act (“CTA”). This rule exempts U.S. entities from BOI reporting requirements and only requires foreign reporting companies to report.

Per the interim final rule, entities previously defined as “domestic reporting companies”

This article is the third and final part in a series discussing trusts in the context of certain common investor thresholds for investment in private securities. This article will examine trusts as “qualified purchasers” under the Investment Company Act.

What is the Investment Company Act and Why Does It Matter?

The Investment Company Act of

This article is the second of a three-part series discussing trusts in the context of certain common investor thresholds for investment in private securities. This article will examine trusts as “qualified clients” under the Advisers Act.

What is the Advisers Act and Who Does It Affect?

Broadly speaking, the Advisers Act regulates the activities of

Investments in private markets are rapidly becoming an essential part of a well-rounded investment portfolio, especially for ultra-high-net-worth individuals and families. According to Ernst & Young, the assets under management in private markets more than doubled from $9.7 trillion in 2012 to $22.6 trillion in 2022. This growth is projected to continue, with an estimated $72.6 trillion expected to be transferred to heirs by 2045, marking the largest intergenerational wealth transfer in history.

SEC Charges Companies for Failing to Timely File Form D in Violation of Regulation D

On December 20, 2024, the U.S. Securities and Exchange Commission (the “SEC”) announced charges against two private companies and one registered investment adviser (the “Parties”).  These charges asserted that the Parties violated Rule 503 of Regulation

On January 23, 2025, the United States Supreme Court granted the government’s application for stay of a recent district court’s preliminary injunction of the enforcement of the Corporate Transparency Act (CTA). With that being said, a separate district court order enjoining enforcement of the CTA remains in effect. Despite the Supreme Court’s decision, FinCEN has

The Securities and Exchange Commission (the “SEC”) recently adopted Rule 13f-2 and Form SHO under the Securities Exchange Act of 1934 (the “Exchange Act”), implementing provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act.  These new regulations are intended to enhance transparency in short selling and introduce significant changes

1. Compliance and Regulations

  • Ensure adherence to SEC regulations with appropriate privacy and cybersecurity policies tailored to SEC requirements.
  • Stay current on SEC-proposed cybersecurity and data privacy rules and risk alerts to help ensure policy alignment with the SEC’s expectations for registered funds and advisers.
  • Incorporate state-specific regulations related to data protection and cybersecurity (e.g., California Consumer Privacy Act and Texas Data Privacy and Security Act) into company privacy and cybersecurity policies.
  • Policies and procedures should encompass risk assessment, incident response, and data breach notification procedures. This includes planning for legal obligations to provide notice of reportable breaches to regulators and investors.
  • Implement compliance with the General Data Protection Regulations (GDPRs) if dealing with investors who are European residents.