On September 30, 2026, the Securities and Exchange Commission (the “SEC”) issued two proposing releases containing amendments that would materially affect how business development companies (“BDCs”) that have elected to be regulated under the Investment Company Act of 1940, interval funds and other registered funds are structured, as well as their compensation and distribution models.
The SPV Series: Practical and Structuring Considerations for Multi-Layer SPVs
Given the continued and growing interest in special purpose vehicles (“SPVs”) as a means of accessing private market investments, we are publishing a series of posts that examine different aspects of these structures. This is our third post in the series, exploring structuring and regulatory issues that arise when SPVs are formed to invest in
SEC Proposes Amendments That Address Retailization and Modernize Regulated Funds
On September 30, 2026, the Securities and Exchange Commission (the “SEC”) proposed amendments intended to provide additional flexibility for regulated funds and their investment advisers. The proposals address performance-based compensation, interval fund repurchase requirements and multiple share classes for registered closed-end funds and business development companies (“BDCs”). The SEC also separately requested comment on potential
SEC Staff Highlights Fair Value and Disclosure Considerations for Private Assets
The staff of the Securities and Exchange Commission, including the Office of the Chief Accountant and the Division of Investment Management (the “Staff”), recently issued a Statement on Fair Value Measurement and Disclosure Considerations for Private Assets (the “Statement”). The Statement highlights considerations for applying Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) Topic
BDC Facts & Stats 2026
Business development companies (“BDCs”) continue to be an important source of capital for private equity-owned, small- and middle-market companies and an attractive investment vehicle for investors seeking exposure to private credit. As the BDC market has grown, sponsors and investors have increasingly focused on alternative BDC structures, capital raising, leverage, advisory arrangements and other key
SEC to Hold Open Meeting on September 30 Addressing Retailization Issues
The Securities and Exchange Commission (“SEC”) announced an open meeting to be held on September 30, 2026. The SEC will consider several matters relating to investment advisers, closed-end funds and business development companies and accredited investors.
The SEC will first consider whether to propose amendments to the rule under the Investment Advisers Act of 1940
SEC Moves to Retailize Private Markets
The Securities and Exchange Commission (“SEC”) has taken another step toward expanding retail investor access to private markets. On August 31, 2026, the SEC submitted its planned rulemaking, Enhancing Retail Exposure to Private Markets, to the White House Office of Information and Regulatory Affairs (“OIRA”) for review. The rulemaking would address both retail exposure
The SEC’s Transformative Rulemakings & What’s on the Horizon
Webinar | September 2, 2026
12:00 p.m. – 1:00 p.m. ET
Register here.
The Securities and Exchange Commission (SEC) under the leadership of SEC Chair Atkins devoted significant time and attention during the early part of the Chair’s tenure to digital assets and, while the agency withdrew a number of pending rule proposals from
Institutional Debt Private Placements
Webinar | August 6, 2026
1:00 p.m. – 2:00 p.m. EDT
Register here.
The institutional private placement market has experienced continued and rapid growth in recent years, with new market participants playing a more significant role. In this session, we will discuss how investment grade debt private placements differ from bank debt as well
FINRA Publishes Private Placement Data
In May 2026, FINRA’s Corporate Financing Department launched a new Private Placement Information page that makes selected information from private placement filings publicly available. The data is derived from Rule 5122 and Rule 5123 filings and will be updated periodically. Historically, information collected through FINRA’s private placement filing program was treated as confidential and used