On November 1, 2023, the industry groups (the Petitioners) challenging the new Private Fund Adviser Rules filed in the US Court of Appeals for the Fifth Circuit their opening brief (the Brief) setting forth their legal...more
11/7/2023
/ Audits ,
Custody Rule ,
Dodd-Frank ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Company Act of 1940 ,
Pay-To-Play ,
Private Funds ,
Registered Investment Advisors ,
Retail Investors ,
Rulemaking Process ,
Securities and Exchange Commission (SEC)
On September 5, 2023, almost one year since its first flurry of similar Custody Rule actions, the SEC announced settlements with five SEC-registered investment advisers to private funds with respect to alleged violations of...more
9/26/2023
/ Audits ,
Compliance ,
Custody Rule ,
Enforcement Actions ,
Financial Statements ,
Form ADV ,
Fund Sponsors ,
GAAP ,
Private Investment Funds ,
Securities and Exchange Commission (SEC) ,
Securities Violations
The SEC (U.S. Securities and Exchange Commission) has provided notice that it is preparing to adopt the so-called “Private Funds Rules” under the Investment Advisers Act of 1940 (the “Advisers Act”) on August 23, 2023....more
8/17/2023
/ Audits ,
Clawbacks ,
Custody Rule ,
Disclosure Requirements ,
Investment Advisers Act of 1940 ,
Investment Funds ,
Investment Management ,
Negligence ,
New Rules ,
Private Investment Funds ,
Securities and Exchange Commission (SEC)
On February 16, 2023, we circulated a client alert, “SEC Proposes Radical Transformation of Custody Rule Into New Safeguarding Rule,” concerning the proposed significant transformation of Rule 206(4)-2 (the Custody Rule)...more
On February 15, 2023, the Securities and Exchange Commission (the “SEC”) proposed a significant transformation of Rule 206(4)-2 (the “Custody Rule”) under the Investment Advisers Act of 1940 (the “Advisers Act”) into a new...more
2/17/2023
/ Compliance ,
Custody Rule ,
Dodd-Frank ,
Fiduciary Duty ,
Form ADV ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investors ,
Popular ,
Proposed Amendments ,
Regulatory Oversight ,
Retail Investors ,
Securities and Exchange Commission (SEC)
On February 7, 2023, the Division of Examinations (“EXAMS”) of the Securities and Exchange Commission (“SEC”) issued its examination priorities for 2023 reflecting a continued focus on SEC-registered private fund sponsors....more
2/9/2023
/ Business Development Companies ,
Compliance ,
Conflicts of Interest ,
Cryptoassets ,
Custody Rule ,
Cybersecurity ,
Fiduciary Duty ,
Fund Sponsors ,
Private Investment Funds ,
SEC Examination Priorities ,
Special Purpose Acquisition Companies (SPACs) ,
Valuation
On September 9, 2022, the SEC announced settlements with nine SEC-registered investment advisers to private funds with respect to alleged violations of Rule 206(4)-2 under the Investment Advisers Act of 1940 (the...more
9/14/2022
/ Audited Financial Statements ,
Custody Rule ,
Enforcement Actions ,
Financial Statements ,
Form ADV ,
Fund Sponsors ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Funds ,
Securities and Exchange Commission (SEC) ,
Securities Violations