SEC ADOPTS RULES FOR PRIVATE FUND ADVISERS

Earlier this year, the U.S. Securities and Exchange Commission (the “SEC”) adopted several new rules affecting private fund advisers. This article discusses changes applicable to illiquid funds, which are those in which investors may not redeem their interests at will. Most venture capital, private equity and other similar closed-end funds would be considered illiquid funds so long as opportunities to redeem are limited.

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DOJ Announces New Mergers and Acquisitions Safe Harbor Policy

On October 4, 2023, Deputy Attorney General Lisa Monaco announced the new Mergers & Acquisitions (M&A) Safe Harbor Policy of the Department of Justice (“DOJ”). Under the new policy, acquiring companies that discover and disclose misconduct in a target or recently acquired company may, subject to certain conditions and limitations, enjoy the presumption of a declination to prosecute (that is, a formal statement that the DOJ will not prosecute the company) by the DOJ.

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