Presented by Chambers and Partners, key members of Katten's Financial Markets and Funds practice — Wendy Cohen, New York Managing Partner and Co-Chair, Investment Management and Funds; Allison Yacker, Partner and Co-Chair, Investment Management and Funds; Henry Bregstein, Partner and Chair, Alternative Products; Lance Zinman, Partner and Global Chair, Financial Markets and Funds — authored the "Alternative Funds 2023 – USA" chapter, which provides an in-depth look at how the robust legal and regulatory framework in the United States results in it being the predominant jurisdiction for alternative funds and their managers and investors.
This chapter highlights various regulatory and tax issues related to alternative funds, fund managers and investors. Specifically, the chapter examines fund structures, regulatory regimes, disclosure and reporting requirements, tax regimes, loan origination, non-traditional assets, use of subsidiaries for investment purposes, local loan manager and other requirements, rules concerning fund service providers, anticipated regulatory changes, outsourcing of investment functions and business operations, side letters, marketing rules, compensation and placement agents, Foreign Account Tax Compliance Act (FATCA) and Common Reporting Standard (CRS) Compliance Regime, anti-money laundering and Know Your Customer Regime, and data security and privacy.
"Alternative Funds 2023 – USA Chambers Global Practice Guide," October 19, 2023.