Last week, the Securities and Exchange Commission’s Division of Examinations (“DOE”) issued a Risk Alert (the “Alert”) entitled “Initial Observations Regarding Advisers Act Marketing Rule Compliance.” The Alert describes...more
Part 2 of the Paul Hastings’ Investment Funds and Private Capital team’s review of the new Private Fund Rules explores the new rules in-depth, and provides additional perspective on market practices that may evolve in...more
9/14/2023
/ Audits ,
Competition ,
Documentation ,
Exempt Reporting Advisers (ERAs) ,
Grandfathering Rules ,
Illiquid Assets ,
Investment Funds ,
Investment Portfolios ,
Legacy Funds ,
Preferential Trade Status ,
Principal Place of Business ,
Private Funds ,
Quarterly Report ,
Registered Investment Advisors ,
Securities and Exchange Commission (SEC) ,
Stocks
On September 6, 2023 the SEC released a risk alert (available here) detailing how the Division of Examinations (the “Division”) utilizes a risk-based approach for both selecting which SEC-registered investment advisers...more
On August 23, 2023, the SEC voted (3-2) to adopt new rules and amendments under the Investment Advisers Act of 1940 applicable to private fund advisers (available here), which were initially proposed in February 2022.
The...more
8/24/2023
/ Audits ,
Clawbacks ,
Collateralized Loan Obligations ,
Disclosure Requirements ,
Grandfathering Rules ,
Indemnification ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Funds ,
New Amendments ,
Preferential Trade Status ,
Private Funds ,
Quarterly Report ,
Registered Investment Advisors ,
Securities and Exchange Commission (SEC)
On August 21, 2023 the SEC announced charges (available here) against a FinTech-focused registered investment adviser (the “Adviser”) alleging the use of misleading hypothetical performance metrics in advertisements....more
On July 26, 2023, the SEC proposed new rules applicable to registered investment advisers and broker-dealers (available here) intended to address certain conflicts of interest relating to the use of predictive analytics,...more