ARTICLE
26 August 2022

'The Riskiest Loans Are Outside The Banking System.' Regulators Worry That Hedge Funds Could Spark The Next Financial Crisis

MF
Morrison & Foerster LLP

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Known for providing cutting-edge legal advice on matters that are redefining industries, Morrison & Foerster has 17 offices located in the United States, Asia, and Europe. Our clients include Fortune 100 companies, leading tech and life sciences companies, and some of the largest financial institutions. We also represent investment funds and startups.
Kelley Howes spoke to MarketWatch about the potential for risk building up in hard-to-see parts of the U.S. financial system after regulators are imposing new rules meant to ensure their safety...
United States Finance and Banking

Kelley Howes spoke to MarketWatch about the potential for risk building up in hard-to-see parts of the U.S. financial system after regulators are imposing new rules meant to ensure their safety during periods of financial turmoil.

According to Kelley, regulators "aren't even trying to hide the ball" and state in their rule change proposals that the additional data they're proposing to collect will help with routine regulatory examination of investment advisers.

Kelley argued that many of the proposed rule changes would greatly increase compliance costs for funds, costs that will ultimately be borne by pension funds and other investors who purchase these products.

The new rules would require private funds to report within 24 hours certain "key events" like extraordinary investment losses and significant default and redemption events. Such rules would require funds to greatly expand their compliance departments in order to engage in "constant monitoring" to avoid running afoul of new regulations, Kelley said.

Read the full article.

Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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