New York Department Of Financial Services Issues Proposed Rules Implementing Commercial Financing Disclosure Laws

On September 21, 2021, the State of New York Department of Financial Services (DFS) issued proposed regulations that will implement statutory requirements related to commercial financing disclosures for certain types of commercial financing transactions (the NY DFS Proposal or the Proposal).1 The Proposal implements New York’s Commercial Finance Disclosure Law which was originally enacted at the end of 2020 and then further legislatively modified in early 2021. Such modification included an increase of the law’s […]

By | October 6th, 2022 ||

NAV Facilities – The Swiss Army Knife Of The Fund Finance Market

We continue to see significant interest in NAV financing products in both the U.S. and European markets, which is reflected in double digit year-over-year growth in our deal activity for these facilities to date. As compared to years past, there has been a noticeable uptick in new lenders willing to provide NAV financing (including both banks and private lenders). In mid-2020, at the outset of the pandemic, the spike in interest in NAV lending […]

By | October 5th, 2022 ||

FIA Outlines Principles For Cross-Border Regulation

In a white paper, FIA outlined principles to guide the regulation of derivatives market cross-border activity. FIA characterized its report as a response to the threat of market fragmentation as a result of “more insulated, national approaches [to regulation] that favor direct oversight of both domestic and foreign entities.”

FIA highlighted recent developments that prompted such reconsideration, including:

the London financial center’s dissociation with the EU;
supervisory concerns with respect to OTC markets and clearinghouses;
China’s […]

By | October 4th, 2022 ||