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Article
Publication date: 7 August 2018

Anne-Marie Godfrey, Stuart Leblang, Ron Grabov-Nardini and Monte Jackel

This paper aims to explain how the Bipartisan Budget Act of 2015, as modified by the Protecting Americans from Tax Hikes Act of 2015, changes the way the US Internal…

Abstract

Purpose

This paper aims to explain how the Bipartisan Budget Act of 2015, as modified by the Protecting Americans from Tax Hikes Act of 2015, changes the way the US Internal Revenue Service will conduct audits of collective investment vehicles treated as partnerships for US tax purposes.

Design/methodology/approach

This study explains the entities covered by the new partnership audit regime, the effective dates of the new regime and steps to be taken by funds covered by the new audit regime.

Findings

The results show that the new regime creates a liability at the partnership level for any unpaid tax, placing the tax burden on current-year partners.

Practical implications

A fund manager should determine whether the new audit regime is applicable to any of the funds he or she is managing and, if so, amend the fund documents to accommodate the new audit rules, providing a mechanism to elect and supervise a partnership representative, a mechanism to allocate the economic burden of the tax to the appropriate partners and a procedure for selecting the method to calculate the amount of the fund’s tax liability attributable to an audit.

Originality/value

This study provides practical guidance from experienced investment, fund and tax lawyers.

Details

Journal of Investment Compliance, vol. 19 no. 3
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 8 May 2018

Anne-Marie Godfrey

To examine the nine common areas of non-compliance in managing investment funds and discretionary accounts, detailed in a Hong Kong Securities and Futures Commission (SFC…

Abstract

Purpose

To examine the nine common areas of non-compliance in managing investment funds and discretionary accounts, detailed in a Hong Kong Securities and Futures Commission (SFC) circular dated September 15, 2017, directed at SFC-licensed asset managers.

Design/methodology/approach

Discusses a July 2017 circular indicating the SFC’s general concerns and analyzing the following nine common areas of non-compliance cited in the September 15, 2017 circular: (1) inappropriate receipt of cash rebates giving rise to apparent conflicts of interests, (2) failure to follow investment-suitability and discretionary account mandates during solicitation, (3) failure to implement liquidity-risk management processes, (4) deficiencies in governance structures and fair-valuation procedures, (5) deficiencies in systems for ensuring best execution, (6) failure to safeguard fair order allocation, (7) inadequate controls for protection of client assets, (8) inadequate systems to comply with investment restrictions, and (9) inadequate safeguards to address market misconduct risk.

Findings

The nine examples of non-compliance provide a useful insight into key “problem areas” indicated to currently be of particular concern to the SFC.

Practical implications

All SFC-licensed asset managers would be well advised to revisit their internal governance structures and operational policies and procedures in order to ensure that they are compliant with applicable standards and requirements.

Originality/value

Practical guidance from a lawyer with extensive experience advising investment managers and advisers, fund administrators, trustees and other fund service providers on investment fund-related issues.

Details

Journal of Investment Compliance, vol. 19 no. 1
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 23 November 2010

Anne Marie Godfrey, Thomas John Holton, Paul B. Raymond and Curtis Stefanak

The purpose of this paper is to to summarize Advisers Act registration implications for non‐US advisers that now rely on the “private adviser” exemption from Advisers Act…

247

Abstract

Purpose

The purpose of this paper is to to summarize Advisers Act registration implications for non‐US advisers that now rely on the “private adviser” exemption from Advisers Act registration and to summarize the principal changes affecting investors in funds managed by non‐US advisers contained in the Dodd‐Frank Wall Street Reform and Consumer Protection Act of 2010.

Design/methodology/approach

The paper explains the elimination of the “private adviser” exemption and the creation of the narrower “foreign private adviser” and other exemptions from Adviser Act registration, reporting and recordkeeping requirements relating to private funds; the Dodd‐Frank Act's provisions for information sharing by the SEC and the confidentiality of private fund information; the “Volcker Rule's” limitation of investment by banking entities and non‐bank financial companies in hedge funds and private equity funds; changes in the definition of “accredited investor”; and the future adjustment of the “qualified client” test for inflation.

Findings

The Dodd‐Frank Act will require many investment advisers and fund managers with their principal offices and places of business outside the USA to register with the SEC and to observe, with respect to US clients, the full spectrum of SEC regulations that apply to registered investment advisers. The Act will also impose new disclosure and recordkeeping requirements on many non‐US advisers.

Originality/value

The paper provides expert guidance from experienced financial services lawyers.

Details

Journal of Investment Compliance, vol. 11 no. 4
Type: Research Article
ISSN: 1528-5812

Keywords

Content available
Article
Publication date: 23 November 2010

Henry A. Davis

323

Abstract

Details

Journal of Investment Compliance, vol. 11 no. 4
Type: Research Article
ISSN: 1528-5812

Article
Publication date: 21 May 2010

Anne McDonnell and Marie Van Hout

Opiate use is no longer confined to the greater urban context in Ireland, with scant detoxification services present in rural areas (Carew et al, 2009; National Advisory…

Abstract

Opiate use is no longer confined to the greater urban context in Ireland, with scant detoxification services present in rural areas (Carew et al, 2009; National Advisory Committee on Drugs, 2008). This exploratory research aimed to yield an illustrative account of opiate users' experiences of self‐detoxification by adopting a grounded theory approach (Glaser & Strauss, 1967). Data emerging from 21 in‐depth interviews (n=12 heroin users, n=9 drug service providers: statutory, community and voluntary) were analysed using the constant comparative method. The study generated a substantive theory of self‐detoxification as a subjective process of seeking heroin abstinence. Self‐detoxification emerged as a frequent and reactive or proactive process in collaboration with others (heroin users, family and drug service providers). The study has implications for drug service delivery in rural Ireland in terms of increasing information provision and access to opiate detoxification through the development of low threshold services and community‐based detoxification.

Details

Drugs and Alcohol Today, vol. 10 no. 2
Type: Research Article
ISSN: 1745-9265

Keywords

Article
Publication date: 5 December 2016

Geoff McCombe, Anne Marie Henihan, Jan Klimas, Davina Swan, Dorothy Leahy, Rolande Anderson, Gerard Bury, Colum Dunne, Eamon Keenan, David Meagher, Clodagh O’Gorman, Tom O’Toole, Jean Saunders, Bobby P. Smyth, John S. Lambert, Eileen Kaner and Walter Cullen

Problem alcohol use (PAU) is common and associated with considerable adverse outcomes among patients receiving opioid agonist treatment (OAT). The purpose of this paper is…

Abstract

Purpose

Problem alcohol use (PAU) is common and associated with considerable adverse outcomes among patients receiving opioid agonist treatment (OAT). The purpose of this paper is to describe a qualitative feasibility assessment of a primary care-based complex intervention to promote screening and brief intervention for PAU, which also aims to examine acceptability and potential effectiveness.

Design/methodology/approach

Semi-structured interviews were conducted with 14 patients and eight general practitioners (GPs) who had been purposively sampled from practices that had participated in the feasibility study. The interviews were transcribed verbatim and analysed thematically.

Findings

Six key themes were identified. While all GPs found the intervention informative and feasible, most considered it challenging to incorporate into practice. Barriers included time constraints, and overlooking and underestimating PAU among this cohort of patients. However, the intervention was considered potentially deliverable and acceptable in practice. Patients reported that (in the absence of the intervention) their use of alcohol was rarely discussed with their GP, and were reticent to initiate conversations on their alcohol use for fear of having their methadone dose reduced.

Research limitations/impelications

Although a complex intervention to enhance alcohol screening and brief intervention among primary care patients attending for OAT is likely to be feasible and acceptable, time constraints and patients’ reticence to discuss alcohol as well as GPs underestimating patients’ alcohol problems is a barrier to consistent, regular and accurate screening by GPs. Future research by way of a definitive efficacy trial informed by the findings of this study and the Psychosocial INTerventions for Alcohol quantitative data is a priority.

Originality/value

To the best of the knowledge, this is the first qualitative study to examine the capability of primary care to address PAU among patients receiving OAT.

Details

Drugs and Alcohol Today, vol. 16 no. 4
Type: Research Article
ISSN: 1745-9265

Keywords

Article
Publication date: 1 February 2005

Stacic Beck, Jeffrey B. Miller and Mohsen M. Saad

Why did inflation fall so dramatically after the establishment of a currency board in Bulgaria in 1997? The establishment of the currency board was the response to a very…

Abstract

Why did inflation fall so dramatically after the establishment of a currency board in Bulgaria in 1997? The establishment of the currency board was the response to a very severe financial crisis where inflation reached hyperinflationary levels. After the currency board was introduced, inflation fell even more spectacularly than it had risen with prices rising less than 10% annually during 1998 and 1999. Was this sudden drop in inflation due to a “discipline” effect caused by a reduction in money growth rates or to a “confidence” effect that created lower inflation expectations thus leading to higher money demand? We find strong indirect evidence for a confidence effect but less support for a discipline effect.

Details

International Journal of Development Issues, vol. 4 no. 2
Type: Research Article
ISSN: 1446-8956

Article
Publication date: 1 February 1985

Steven F. Vincent

In the past 50 years, numerous reference books have been written on the subjects of medieval history, art, literature, and philosophy. Steven F. Vincent provides a guide…

Abstract

In the past 50 years, numerous reference books have been written on the subjects of medieval history, art, literature, and philosophy. Steven F. Vincent provides a guide to selecting modern, as well as standard, sources of information on the Middle Ages.

Details

Reference Services Review, vol. 13 no. 2
Type: Research Article
ISSN: 0090-7324

Article
Publication date: 1 June 1953

DR. S. C. ROBERT'S Presidential Address which is printed in the L.A. Record for May and reprinted in the usual separate Proceedings, will be read by all manner of…

Abstract

DR. S. C. ROBERT'S Presidential Address which is printed in the L.A. Record for May and reprinted in the usual separate Proceedings, will be read by all manner of librarians not only for its individual charm but also for a suggestion here and there which may have lasting effects. His major conclusion is that “the spiritual harmony and the intellectual Stability of mankind will Still be largely determined by the reading and writing of books,” whatever may be the triumphs of cinema, wireless and television. This was well worth repeating at a time when we are occupied by visual methods, quite justly, indeed ; if only again to Stress that these must not become an obsession which prevents our seeing that our real purpose is the book. So, too, we may ponder his gentle caveat: “in our laudable efforts towards a perfection of order and classification, there is inevitably a tendency to mistake means for ends, to make our systems our masters rather than our servants.” We know that there is a growing revolt against the intricate simplicities that are being introduced in cataloguing and classification; so intricate, indeed, that except to those who have done careful preparatory reading, writers upon them are completely unreadable. Not the least interesting part of Dr. Roberts's address was his account of early encounters with a library indicator and its attendant difficulties. These may be read as a warning, seeing that most of us have never seen an indicator, and some, because of the losses open access involves, would like to return to what is stupidly called “closed‐access,” a term as sensible as hot ice or dry wet.

Details

New Library World, vol. 54 no. 11
Type: Research Article
ISSN: 0307-4803

Article
Publication date: 1 February 1980

Some months ago a national organisation established to keep a watchful eye on the Nation's diet expressed concern over the eating trends of people in what to them appeared…

Abstract

Some months ago a national organisation established to keep a watchful eye on the Nation's diet expressed concern over the eating trends of people in what to them appeared to be developing inbalances of necessary nutrient factors and the inadeuacy not so much of calories and energy values but in the nature and quality of main food factors. It was recommended that the national diet should be improved, but the authorities pointed to the National Food Survey results to show that the diet was not deficient; that the average daily intake of protein, vitamins, minerals and overall energy requirements were satisfied; all of which is true for the not‐too‐generous levels set. Even the pensioner households included in the Survey sample appear well‐fed. What causes concern is the year‐by‐year decrease in staple foods consumed—milk, red meat, bread, fresh vegetables—and the heavy reliance on refined, processed foods. In its annual reports on NFS reviews, the BFJ has almost monotonously referred to this downward trend. Individual NFS Reports do not reveal any serious deficiencies, as yet, but in the trend over the years—and herein lies the real value of the Survey and its data—few if any of the changes have been for the better; movements in food groups have tended to be downwards. If these trends continue, the time must surely come when there will be real deficiencies; that substitution within a food group cannot make good essential foods severely rationed by high prices.

Details

British Food Journal, vol. 82 no. 2
Type: Research Article
ISSN: 0007-070X

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