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Irwin M. Latner: publications
Profile Matters News Events Publications
Recent CFTC and SEC Actions Impacting Private Fund Managers
September 23, 2014
Irwin M. Latner, Patrick D. Sweeney
Private Funds Alert
This private funds alert summarizes (i) a recent relief letter issued by the CFTC harmonizing certain of its commodity pool operator (CPO) registration exemptions with recently issued rules by the SEC under the JOBS Act, and (ii) recent enforcement actions by the SEC against numerous financial firms for violating the Rule 105 proscription against short selling within the restricted period before a public offering.
June 2014 Corporate Alert
Daniel A. Etna, Edward B. Stevenson
Herrick's Corporate Alert touches on new developments in Delaware, New York, New Jersey, and SEC law. Also, check out Herrick Advantage for information on our events.
It's "BEN-E" Time
June 12, 2014
Louis Tuchman, Sung Hyun Hwang, Irwin M. Latner
Tax Alert
The old IRS Form W-8BEN has been succeeded by two new forms, a "new" W-8BEN, and a new form called W-8BEN-E. The IRS has also issued a new version of Form W-8IMY.The forms contain new FATCA certification provisions, and require a Global Intermediary Identification Number. While the old versions are still available for use with new accounts opened until the end of this year, it would be prudent to use the new forms now (subject to certain exceptions) in order to avoid having to conduct FATCA due diligence and obtain new certifications later.
I Have GIIN.  Now What?
June 4, 2014
Louis Tuchman, Sung Hyun Hwang, Irwin M. Latner
Tax Alert
By now, if you are a "foreign financial institution" (FFI) for purposes of FATCA ("Foreign Account Tax Compliance Act"), you probably have registered with the IRS and are eagerly waiting your GIIN to be issued and for your name to be published in the first FFI List this week.
I Missed The Boat!  I Didn't Register By May 5th.  What Do I Do Now?
June 2, 2014
Sung Hyun Hwang, Irwin M. Latner, Louis Tuchman
Tax Alert
As we mentioned in an earlier tax alert under the FATCA rules, May 5, 2014 was the last day to complete registration with the IRS and obtain the GIIN (Global Intermediary Identification Number) and to be included on the first IRS FFI (Foreign Financial Institution) List which is expected to come out today.  If you are not included on the first IRS FFI List, you could be subject to withholding on U.S.-sourced investment income, such as interest and dividends, beginning on July 1, 2014.
SEC Scrutinizes Fee and Expense Practices at Private Equity Fund Advisers
May 2014
Irwin M. Latner, Patrick D. Sweeney, Colin Bowes-Carlson
Private Fund Alert
In a recent speech, the director of the SEC's Office of Compliance Inspections and Examinations ("OCIE"), Andrew Bowden, identified key compliance issues facing private equity firms observed by OCIE since it began conducting presence exams of the industry in October 2012.
Dodd-Frank Wall Street Reform Outline
Irwin M. Latner, Stephen D. Brodie, Patrick D. Sweeney, Julie Albinsky, Jessica D. Wessel
This outline, a briefing on the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, was used during the Fourth Annual Capital Markets Symposium on September 16, 2010.
SEC Proposes “Family Office” Definition
November 2010
Irwin M. Latner, Patrick D. Sweeney, Richard M. Morris
Hedge Fund and Private Equity Fund Alert
Recent Changes to "Accredited Investor" Standard
July 2010
Irwin M. Latner, Patrick D. Sweeney
Hedge Fund and Private Equity Fund Alert
Impact of New Financial Reform Legislation
July 2010
Irwin M. Latner, Patrick D. Sweeney
Hedge Fund and Private Equity Fund Alert