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Republican State Attorneys General Target Mutual Fund Directors Concerning Mutual Fund Adviser ESG Activities

In recent times, the focus on environmental, social and governance (ESG) investments has grown significantly. As investment decisions are increasingly aligned with ethical principles and sustainable values, the scrutiny of...more

SEC Proposes ESG Disclosure Requirements for Investment Advisers

In a three-to-one vote on May 25, 2022, the U.S. Securities and Exchange Commission (SEC) issued proposed amendments to rules and reporting forms that would require registered investment advisers — including private fund...more

SEC Proposes ESG Disclosure Requirements for Investment Companies to Combat Greenwashing

In a three-to-one vote on May 25, 2022, the U.S. Securities and Exchange Commission ( SEC) proposed amendments to rules and reporting forms under the Investment Company Act of 1940 that would require registered investment...more

SEC Proposes Amendments to the Investment Company Names Rule

In a three-to-one vote on May 25, 2022, the U.S. Securities and Exchange Commission (the SEC) proposed amendments (the amendments) to Rule 35d-1 (the Names Rule) under Section 35(d) of the Investment Company Act of 1940, as...more

SEC Proposes Rules for ESG Disclosures and Amendments to the Investment Company Names Rule

In a three-to-one vote on May 25, 2022, the U.S. Securities and Exchange Commission (SEC) proposed two rules. The proposed rules for environmental, social and governance (ESG) disclosure would amend rules and forms to require...more

SEC Proposes New Rules and Amendments for Private Fund Advisers

The proposal would prohibit all private fund advisers from engaging in certain activities, place certain obligations on registered private fund advisers, and require all registered advisers to document the annual review of...more

SEC Proposes New Cybersecurity Risk Management Rules for Registered Investment Advisers, Registered Investment Companies and...

On February 9, 2022, the U.S. Securities and Exchange Commission (SEC) voted to propose cybersecurity rules applicable to investment advisers and registered investment companies, including business development companies. If...more

EO Bans Transactions in Publicly Traded Securities of ‘Chinese Military-Industrial Complex’ Companies

On June 3, 2021, President Biden issued an Executive Order (EO) amending former President Trump’s November 12, 2020, EO 13959, which prohibited U.S. persons from engaging in certain transactions concerning the publicly traded...more

SEC Warns of Potentially Misleading ESG Investing Statements

On April 9, 2021, the U.S. Securities and Exchange Commission (SEC) Division of Examinations released a risk alert for investment advisers and funds related to environmental, social and governance (ESG) investing. The ESG...more

Scope of U.S. Ban on Transactions in Securities of ‘Communist Chinese Military Companies’

On January 13, 2021, President Trump amended the November 12, 2020, Executive Order (EO) 13959 providing greater clarity to the scope of the EO’s ban on trading and investing in certain designated publicly traded securities...more

Diversity & Inclusion in Investment Management: SEC Explores Creating a More Inclusive Capital Formation Ecosystem

On August 4, 2020, the Securities and Exchange Commission (SEC) Small Business Capital Formation Advisory Committee (Committee) held a public meeting (Meeting) by video conference. The Meeting was prompted by the Committee’s...more

SEC Amends Offering and Registration Processes for Closed-End Funds and Business Development Companies

On April 8, 2020, the Securities and Exchange Commission (SEC) voted 3-1 to adopt certain rule amendments (the Final Rule) that will modify and streamline the securities offering and communication processes for business...more

The SEC Trading and Markets Reg BI FAQ and the SEC’s and FINRA’s Plans for Reg BI Exams

In light of the significance of the final rules and Commission interpretations issued by the Securities and Exchange Commission (SEC) on June 5, 2019, our Best Interest Compliance Team issued a series of articles on the...more

SEC Division of Investment Management Releases FAQs Regarding Disclosure of Financial Conflicts Related to Investment Adviser...

The staff of the Securities and Exchange Commission’s (SEC) Division of Investment Management released frequently asked questions (FAQs) on October 18, 2019, which discuss certain compensation arrangements and related...more

Digging into the SEC’s Final RIA Guidance – And Why It Repeatedly Uses the Term “Best Interest”

In light of the significance of the final rules and commission interpretations issued by the Securities and Exchange Commission (SEC) on June 5, 2019, Drinker Biddle & Reath’s Best Interest Compliance Team is publishing a...more

SEC Interpretation Offers Clarification on an Investment Adviser’s Duties of Care and Loyalty

As part of its “Reg BI Package”, approved on June 5, 2019, the Securities and Exchange Commission (the “SEC”) sought to clarify the fiduciary duty that an investment adviser owes to its clients under the Investment Advisers...more

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