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Private Funds Side Letters Securities and Exchange Commission (SEC)

McAfee & Taft

SEC cracks down on private fund side letters

McAfee & Taft on

The side letter has been a particularly effective tool in the private fund industry, with funds and investors entering into strategic arrangements to provide more favorable terms than those given to other investors in...more

DarrowEverett LLP

How SEC’s Private Fund Rules Will Affect Use of Side Letters

DarrowEverett LLP on

Recent client alerts have provided an overview of the new “private fund rules” adopted in late August by the U.S. Securities and Exchange Commission (SEC). These rules apply, subject to limited exceptions and carveouts, to...more

Cozen O'Connor

SEC Adopts Final Private Fund Adviser Rules

Cozen O'Connor on

On August 23, 2023, the Securities and Exchange Commission (SEC) voted three to two (Commissioners Peirce and Uyeda dissenting) to adopt new and amended rules (Final Rules) under the Investment Advisers Act of 1940 (Advisers...more

Goodwin

What’s the SEC’s Plan for Private Funds? Gensler Signals Priorities in Speech to ILPA

Goodwin on

On November 10, 2021, U.S. Securities and Exchange Commission Chair Gary Gensler, made a speech at the Institutional Limited Partners Association (“ILPA”) Summit that provides a useful summary of the SEC’s immediate...more

Dechert LLP

Private fund side letters: common terms, themes and practical considerations

Dechert LLP on

Side letters are an (increasingly) common way of formalising negotiated arrangements between a private fund and an investor. Whilst used more widely in the closed-ended fund context (given the limited withdrawal rights...more

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