SEC Examination Staff Launches Never-Before Examined Adviser Initiative

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The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) sent a letter to advisers that have not yet been examined by the SEC as part of an initiative to examine a significant percentage of them, with a focus on those that have been registered with the SEC for three or more years.  This initiative, which excludes advisers subject to the Presence Exam initiative for newly registered private fund advisers, is an element of the National Examination Program’s 2014 priorities, which were described in the January 21, 2014 Financial Services Alert.  The press release announcing the initiative notes that starting later this year, OCIE will invite SEC-registered investment advisers who have yet to be examined to attend regional meetings where they can learn more about the examination process. 

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this informational piece (including any attachments) is not intended or written to be used, and may not be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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