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The SEC Release relating to the Amendments can be found here. DOL Fiduciary Rule Update Ongoing Uncertainty Regarding Department of Labor’s Final Rules on Fiduciary Standard for Broker-Dealers As discussed in our Winter 2016 Report, on April 6, 2016, the Department of Labor (the “DOL”) issued a final regulation (the “Fiduciary Rule”) redefining who is a “fiduciary” under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).Some significant effects of the Fiduciary Rule are as follows:  The DOL makes it clear in the Fiduciary Rule that the regulation applies to communications with individual retirement account (“IRA”) owners, whom the DOL has sought to protect with this regulation;  Brokers, registered investment advisers, financial planners, and other persons who advise or make recommendations to individuals or plan fiduciaries with respect to IRA money or retirement plan assets (including rollovers and distributions) and receive a fee in connection with such recommendations would be labeled fiduciaries unless an exception applies; 3  Investment education will not be fiduciary advice if the materials used comply with the guidelines established in the Fiduciary Rule; provided, however, that education materials provided to IRAs, with no independent plan fiduciary, may not reference specific investment alternatives; and  Advisers who receive compensation for making recommendations regarding retirement assets could be engaging in a prohibited transaction unless an exemption applies.Consistent with synergies in banking operations, the authors find significant correlations between a bank's productivity through these channels.The resultant measures indicate that a bank's ability to generate deposits plays a primary role in bank value generation.Then when business slows down the company will have less of a need for borrowed funds to finance short-term assets like inventory accounts – the need for financing will decline as the need for inventory declines.At this point, the company will have generated profits from the busy season, and will now be able to use those profits to repay the loans it took out to finance operations during the busy season.During the busy season when business is booming the company needs to borrow money to finance short-term assets such as inventory and accounts receivable.The company borrows money to buy more materials to take advantage of the increasing demand of the busy season.

The authors rationalize their findings with a model of limited arbitrage. Their small business lending activity remained depressed into 2014.

While smaller banks have began providing credit to fill in the gap left by this decline, interest rates remain high for small businesses.

The authors discuss the consequences of this credit gap on small business operation and capital.

This report provides an update since our last Report in Winter 2016, and highlights recent regulatory developments, as well as recent civil litigation and enforcement actions as they relate to the private funds industry. DOL Fiduciary Rule Update................................................................................. Advisers Act Updates The following items describe the status of certain proposed and final rules and regulations under the Investment Advisers Act of 1940, as amended (the “Advisers Act”).

Paul Hastings attorneys are available to answer your questions on these and any otherdevelopments affecting private funds and their investors and advisers. LEGISLATION AND REGULATIONS RELATING TO PRIVATE FUNDS AND PRIVATE FUND MANAGERS ................................................................................................................. Advisers Act Updates......................................................................................... Compliance with SEC Amendments to Form ADV and Certain Rules under the Advisers Act Begins October 2017 As previously reported in our Winter 2016 Report, on August 25, 2016, the SEC adopted amendments to Form ADV Part 1A and certain rules promulgated under the Advisers Act (collectively, the “Amendments”), that augment the SEC’s efforts to increase oversight of the investment advisory industry and modify certain disclosure requirements.

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