Goodwin Procter has prepared a Client Alert discussing the provisions of a bill introduced in the U.S. Senate that is designed to require unregistered funds that rely on Sections 3(c)(1) or 3(c)(7) under the Investment Company Act of 1940, as amended, and those funds’ advisers, to register with the SEC. The Client Alert is available on the Goodwin Procter website at Client Alert. For more information click here.

The SEC yesterday issued new interim final Rule 10a-3T, which requires certain large institutional managers (i.e., those with $100 million or more in assets under management) to report to the SEC on Form SH their short positions in “13f” securities, other than options. Rule 10a-3T extends the current emergency order issued by the SEC on September 18, 2008 (the “September 18th Order”, as amended on September 21, 2008), which currently requires managers to file non-public Form SH reports with the SEC regarding short positions in 13f securities and which is set to expire at midnight on October 17, 2008. Rule 10a-3T becomes effective on Saturday, October 18th, 2008 and will continue through August 1st 2009. The SEC timed the adoption and effectiveness of Rule 10a-3T in this way so as to avoid any interruption in the effectiveness of the current Form SH filing obligations. [Read more →]