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what is a covered fund

by Alessandro Hammes Published 3 years ago Updated 2 years ago
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Loosely put, the Rule defines a covered fund as anything not considered an investment company in the Investment Company Act, including private equity and hedge funds, as well as commodity pools with certain exclusions, and funds sponsored by a US banking entity where the affiliate holds ownership interests.Jul 24, 2020

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What are the best funds?

The Best ESG Funds of March 2022

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What is covered under money policy?

The Money Insurance Policy of HDFC ERGO broadly covers loss of money in transit by the insured or insured’s authorized employee (s) or money held in safe in the Insured’s premises.

What is capped fund?

Capped funds place limits on the annual fees they can charge investors. Non-capped funds have no such limits, and they will charge whatever is necessary to cover their expenses. Keep in mind, however, that a capped fund's manager can raise or remove the cap.

What is the availability of funds?

Funds availability describes when you can access money you deposit into your bank account. Federal Regulation CC offers a framework for banks to use when setting their funds availability policies. Specifically, Regulation CC covers two things:

What is covered funds?

What is covered funds under ARRA?

Can access persons maintain accounts with respect to certain covered funds?

Does Jennison have to report covered funds?

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What is a coverage fund?

Covered Fund means any investment company, or series thereof, registered under the 1940 Act, or any other type of pooled or collective investment trust or vehicle, to which the Adviser serves as an adviser or subadviser.

What does it mean to sponsor a covered fund?

A “sponsor” is an entity that (i) serves as a general partner, managing member, trustee, or commodity pool operator of a covered fund, (ii) in any manner selects or controls (or has employees, officers, directors, or agents who constitute) a majority of the directors, trustees, or management of a covered fund, or (iii) ...

What is excluded from a covered fund?

The Covered Fund Amendments eliminate the requirement that the fund be authorized to be offered and sold to retail investors in the fund's home jurisdiction. The Covered Fund Amendments also eliminate the requirement that ownership interests be sold “predominantly through public offerings outside the United States.”

Which actions are prohibited with respect to a covered fund?

Section 13 of the BHC Act generally prohibits any banking entity from engaging in proprietary trading or from acquiring or retaining an ownership interest in, sponsoring, or having certain relationships with a hedge fund or private equity fund (defined in the implementing regulations as “covered funds”).

What is considered an ownership interest in a covered fund?

Under the Volcker Rule, an “ownership interest” is defined broadly to include an equity, partnership or other “similar interest,” which includes the right to participate in the selection or removal of a general partner, managing member, member of the board of directors or trustees, investment manager, investment ...

Is a money market fund a covered fund?

Yes. Like other deposit accounts, money market accounts are insured by the FDIC and NCUA up to $250,000 for each account holder. Money market mutual funds, however, are not federally insured. These are offered by brokers and other entities that are not banks or credit unions.

What does Volcker Rule prohibit?

The Volcker rule generally prohibits banking entities from engaging in proprietary trading or investing in or sponsoring hedge funds or private equity funds.

What is not prohibited under Volcker Rule?

Certain trading activities of foreign banking entities: The final rules generally do not prohibit trading by foreign banking entities, provided the trading decisions and principal risks of the foreign banking entity occur and are held outside of the United States.

What is a second tier covered fund?

Second tier fund means a fund that is not to be invested for its own benefit under the first paragraph of RCW 36.29.

Why was prop trading banned?

Attached to the Dodd-Frank Act, the rule was intended to limit banks' ability to make speculative investments that do not benefit their customers.

What are the main prongs of the Volcker Rule?

The Volcker Rule contains two prohibitions aimed at “banking entities”: A banking entity may not (1) engage in “proprietary trading” or (2) as principal, directly or indirectly, acquire or retain any ownership interest in, or sponsor, “covered funds,” which essentially are private equity funds and hedge funds.

Who does Volcker Rule apply?

The Volcker Rule does apply to every foreign entity that directly or indirectly maintains a bank branch or agency in the United States, or controls a commercial lending company.

What is the role of sponsor in mutual fund?

A sponsor establishes a mutual fund, along with any individual or body corporate, while the main role of a trustee is to ensure that the interest of the unit holders is protected.

What does sponsor mean in real estate?

The sponsor, frequently referred to as the general partner or GP, is the organization or group of individuals responsible for acquiring real estate projects, maximizing value and returning any investors' profits. A sponsor might also be responsible for aggregating capital and guaranteeing the loan documents.

What does a sponsor do for a drug addict?

A sponsor is someone that helps a person who is newly sober from drugs or alcohol. The sponsor helps the newly recovered addict through mentoring and supporting them, as well as by offering friendship.

What type of funding is a sponsorship?

A corporate sponsorship is most often a contribution of goods, in-kind services or money given by a company to a non-profit organization to fund a specific project or event. In return for the funding, the corporation becomes a sponsor, which is very similar to becoming an advertiser.

Covered Funds Flowchart - Davis Polk & Wardwell

F LOWCHARTS: C OVERED F UNDS S UBSTANTIVE R ULES Final Volcker Rule Amended Regulations (Volcker 2.1 – Covered Funds) July 14, 2020

The Volcker Rule “Covered Funds” Rule: Eight Things to Know

The Volcker Rule “Covered Funds” Rule: Eight Things to Know June 29, 2020, Covington Alert On June 25, 2020, five federal financial regulators jointly issued a final rule that modifies existing regulations implementing the Volcker Rule’s general prohibition on banking entities investing in, sponsoring, or having certain relationships with hedge funds or private equity funds (collectively ...

The Volcker Rule “Covered Funds” Rule: Eight Things To Know

it intends to facilitate the customer’s exposure to the transaction, (ii) comply with “Super 23B” prohibitions on the banking entity’s covered transactions with the fund, and other affiliate transaction limits, (iii) not

Volcker Rule Covered Funds: Final Rule | OCC

On July 31, 2020, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the U.S. Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation, and the U.S. Securities and Exchange Commission published a final rule amending the regulations that implement section 13 of the Bank Holding Company Act, commonly known as the Volcker ...

Final Volcker Rule 2.1 – Covered Funds - Davis Polk & Wardwell

Davis Polk & Wardwell LLP2 If the FWMV is organized as a trust, the grantor(s) of the entity must all be family customers, meaning: a family client as defined in Investment Advisers Act Rule 202(a)(11)(G)-1(d)(4).

Volcker Rule Covered Funds: Final Rule | OCC

On July 31, 2020, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the U.S. Commodity Futures Trading Commission, the Federal Deposit Insurance Corporation, and the U.S. Securities and Exchange Commission published a final rule amending the regulations that implement section 13 of the Bank Holding Company Act, commonly known as the Volcker ...

What is covered funds?

Covered Funds means funds appropriated by or other- wise made available by the Recovery Act.

What is covered funds under ARRA?

Covered Funds under ARRA means any contract, grant, or other payment received by MHN if (a) the Federal Government provides any portion of the money or property that is provided, requested, or demanded; and (b) at least some of the funds are appropriated or otherwise made available by ARRA. MHN may receive covered funds under ARRA through its contracts directly with state Medicaid agencies and as a subcontractor through its contracts with other entities that have contracts with state Medicaid agencies, such as Medicaid Managed Care Organizations.

Can access persons maintain accounts with respect to certain covered funds?

In addition, Access Persons may maintain accounts with respect to certain Covered Funds directly with the fund company, provided that duplicate confirms and statements are provided to the Compliance Department.

Does Jennison have to report covered funds?

Jennison employees are also required to arrange the reporting of Covered Funds transactions under this policy identified in Exhibit D.

What is covered fund?

The definition of “covered fund” covered fund covered a hedge fund or private equity fund. For compliance, you need to dive into the definition:

Why are venture capital funds important?

The argument for venture capital funds is that they “promote growth, capital formation, and competitiveness.” (See page 60) With the lack of leverage and reliance on other securities, venture capital funds are less interconnected with the broader markets. ” Banking entity investments in qualifying venture capital funds may benefit the broader financial system by improving the flow of financing to small businesses and start-ups and thus may promote and protect the financial stability of the United States.” (see page 60)

What is credit fund?

Credit funds, w hich are funds the assets of w hich consist solely of loans, debt instruments, and related or incidental assets (including certain interest rate and foreign exchange derivatives). To be eligible for the exclusion, the credit fund cannot engage in proprietary trading, nor may it issue asset-backed securities.

What is a venture capital fund?

Venture capital funds, defined by reference to existing SEC regulations that describe private funds that represent to investors that they pursue a venture capital strategy, primarily invest in qualifying portfolio companies (covering the typical characteristics of investments made by venture capital funds, as opposed to private equity funds or hedge funds), limit investors’ w ithdraw al rights, and limit their use of leverage, among other limitations. To be eligible for the exclusion, the venture capital fund cannot engage in proprietary trading, and any banking entity that invests in, sponsors, or serves as investment advisor to the venture capital fund is required to comply w ith the same guarantee, affiliate transaction, and disclosure requirements that apply to credit funds.

Is a foreign fund covered by Volcker?

Under the existing regulations implementing the Volcker Rule, foreign funds that are equivalent to U.S. registered investment companies are excluded from the definition of “covered fund.”.

Is a foreign excluded fund required to satisfy the Volcker Rule?

The final rule also clarifies that a qualifying foreign excluded fund is not required to satisfy the Volcker Rule’s compliance program requirement. The final rule significantly simplifies the requirements to qualify as a foreign public fund, which is exempt from the definition of “covered fund.”. Under the existing regulations implementing ...

Who owns an ownership interest in a fund?

sponsorsor owns an ownership interestin it, a fund that fulfills all of the following criteria: The fund is organized or established outside the United States. The ownership interests of the fund are offered and sold solely outside the United States. The fund is, or holds itself out as being, an issuer or arrangement that raises money from investors primarily for the purpose of investing in securities for resale or other disposition or otherwise trading in securities.

What is excess spread?

Excess spread. The right to receive all or a portion of excess spread (i.e., the positive difference, if any, between the aggregate interest payments received from the underlying assets of the covered fund and the aggregate interest paid to the holders of other outstanding interests)

What is a breach by an investment manager?

breach by the investment manager of any material provisions of the covered fund’s transaction agreements applicable to the investment manager, or breach by the investment manager of material representations or warranties

What is a share in income?

Share in income, gains or profits. The right under the terms of the interest to receive a share of the income, gains or profits of the covered fund, whether or not pro rata with other owners or holders of interests

Can a covered fund share the same name?

A covered fund may share the same name or a variation of the same name with a banking entity that is an investment adviser to the covered fund if • The investment adviser is not a Core Banking Entityand • The investment adviser does not share the same name or a variation of the same name as a Core Banking Entity.

Is a RIC a core banking entity?

Absent other facts and circumstances establishing that a core banking entityor any of its affiliates has control over a RIC, BDC or FPF, the RIC, BDC or FPF will not be treated as a banking entity or an affiliate of a banking entity for purposes of the Volcker Rule if all of the following conditions are satisfied: No core banking entityor any of its affiliates: o Owns, controls or holds with the power to vote 25% or more of the voting shares, or appoints or has the power to appoint 25% or more of the directors, trustees or other managers, of the RIC, BDC or FPF, or o Provides any investment advisory, commodity trading advisory, administrative or other services to the RIC, BDC or FPF other than in compliance with any limitations under applicable regulation, order or other authority, and The RIC, BDC or FPF is not itself a core banking entity. FAQs 14 and 16 state that a foreign public fund would not be considered a banking entity so long as no banking entity owns 25% or more of the voting shares of the fund after its seeding periodand that a RIC, BDC or FPF would not be treated as a banking entity solely on the basis of the level of ownership of the fund by a banking entity during its seeding period.

What is covered funds?

Covered Funds means funds appropriated by or other- wise made available by the Recovery Act.

What is covered funds under ARRA?

Covered Funds under ARRA means any contract, grant, or other payment received by MHN if (a) the Federal Government provides any portion of the money or property that is provided, requested, or demanded; and (b) at least some of the funds are appropriated or otherwise made available by ARRA. MHN may receive covered funds under ARRA through its contracts directly with state Medicaid agencies and as a subcontractor through its contracts with other entities that have contracts with state Medicaid agencies, such as Medicaid Managed Care Organizations.

Can access persons maintain accounts with respect to certain covered funds?

In addition, Access Persons may maintain accounts with respect to certain Covered Funds directly with the fund company, provided that duplicate confirms and statements are provided to the Compliance Department.

Does Jennison have to report covered funds?

Jennison employees are also required to arrange the reporting of Covered Funds transactions under this policy identified in Exhibit D.

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1.Covered Fund Definition: 113 Samples | Law Insider

Url:https://www.lawinsider.com/dictionary/covered-fund

8 hours ago Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special …

2.Covered Funds Definition | Law Insider

Url:https://www.lawinsider.com/dictionary/covered-funds

2 hours ago  · On June 25, 2020, five federal financial regulators jointly issued a final rule that modifies existing regulations implementing the Volcker Rule’s general prohibition on banking …

3.The Volcker Rule “Covered Funds” Rule: Eight Things to …

Url:https://www.cov.com/en/news-and-insights/insights/2020/06/the-volcker-rule-covered-funds-rule-eight-things-to-know

29 hours ago  · Loosely put, the Rule defines a covered fund as anything not considered an investment company in the Investment Company Act, including private equity and hedge …

4.Volcker Rule Covered Funds: Final Rule | OCC - Office of …

Url:https://www.occ.gov/news-issuances/bulletins/2020/bulletin-2020-71.html

27 hours ago  · Section 13 of the Bank Holding Company Act of 1956 generally prohibits any banking entity from engaging in proprietary trading or from acquiring or retaining an ownership …

5.Changing the Definition of “Covered Funds” under the …

Url:https://www.compliancebuilding.com/2020/02/04/changing-the-definition-of-covered-funds-under-the-volker-rule/

21 hours ago  · A centerpiece of the Volcker Rule’s covered funds restrictions is the definition of “ow nership interest.” The final rule clarifies the definition of “ow nership interest” by specifying ...

6.The Volcker Rule “Covered Funds” Rule: Eight Things to …

Url:https://www.lexology.com/library/detail.aspx?g=6a3ebce9-a1f9-4bac-a395-262de1b5932a

5 hours ago “covered fund” for credit funds, venture capital funds, family wealth management vehicles, and customer facilitation funds. The most significant aspect of the final rule is the addition of four …

7.The Volcker Rule “Covered Funds” Rule: Eight Things …

Url:https://www.cov.com/-/media/files/corporate/publications/2020/06/the-volcker-rule-covered-funds-rule-eight-things-to-know.pdf

28 hours ago covered fund or a covered fund controlled by such related covered fund? Is a banking entity engaged in any of the following activities: © 2020 Davis Polk & Wardwell LLP. All rights …

8.Covered Funds Flowchart - Davis Polk & Wardwell

Url:https://www.davispolk.com/sites/default/files/covered_funds_flowcharts.pdf

14 hours ago  · Cost basis. Covered and noncovered shares. For tax-reporting purposes, the difference between covered and noncovered shares is this: For covered shares, we're required …

9.Covered & noncovered shares - The Vanguard Group

Url:https://investor.vanguard.com/investor-resources-education/taxes/cost-basis-covered-noncovered

30 hours ago

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