As previously summarized here, since SEC Commissioner Mark T. Uyeda was named Acting Chairman on January 21, 2025, the SEC has significantly shifted its approach to cryptocurrency regulation and enforcement actions, including...more
On January 16, 2025, the staff of the Disclosure Review and Accounting Office of the SEC’s Division of Investment Management issued an Accounting and Disclosure Information (ADI) publication to highlight issues the SEC staff...more
On January 17, 2025, the SEC announced the settlement of administrative proceedings brought against a registered investment adviser for allegedly making materially misleading statements relating to capital gains distributions...more
On January 28, 2025, FINRA published its annual regulatory oversight report for 2025 (Report), which highlights observations and findings from FINRA’s oversight programs. The Report covers 24 topics, and for each topic it...more
On March 6, 2024, the SEC voted 3-2 to adopt final rules requiring public companies, excluding investment companies but not excluding business development companies, to disclose climate-related information in their...more
On September 20, 2023, the SEC adopted amendments to the investment company names rule, Rule 35d-1 under the Investment Company Act of 1940. According to SEC estimates, the amendments will bring approximately 2,200 funds that...more
On May 20, 2020, the SEC adopted amendments to the financial statement disclosure requirements under Regulation S-X related to acquisitions and dispositions involving investment companies.
First, the amendments streamline...more
On June 15, 2020, SEC Chairman Jay Clayton released a public statement confirming the June 30, 2020 compliance date for Regulation Best Interest (Reg BI) and Form CRS. Reg BI establishes a new standard of conduct for...more
This Alert focuses on special considerations for closed-end funds registered under the Investment Company Act of 1940, as amended (the ‘1940 Act’), arising from COVID-19 (coronavirus) and related regulatory relief of interest...more
COVID-19 RELATED DEVELOPMENTS -
SPECIAL REGULATORY UPDATE -
SEC Updates Investment Company Act Exemptive Order in Response to COVID-19 -
On March 25, 2020, the Securities and Exchange Commission (“SEC”) issued an...more
4/6/2020
/ Annual Meeting ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Disclosure Requirements ,
Filing Deadlines ,
Filing Requirements ,
Publicly-Traded Companies ,
Relief Measures ,
Required Forms ,
Securities and Exchange Commission (SEC) ,
Securities Regulation ,
Shareholder Meetings ,
State of Emergency ,
Virtual Meetings
On November 7, 2019, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert outlining its top compliance observations from examinations of nearly 300 registered funds conducted over a two-year...more
1/29/2020
/ Board of Directors ,
Compliance ,
Corporate Governance ,
Disclosure Requirements ,
Ethics ,
Investment Funds ,
Mutual Funds ,
OCIE ,
Policies and Procedures ,
Risk Alert ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Stress Tests ,
Target Date Funds
On October 18, 2019, the SEC’s Division of Investment Management issued guidance in the form of Frequently Asked Questions that address certain matters regarding the disclosure of conflicts of interest involving the receipt...more
12/10/2019
/ 12b-1 plan ,
Conflicts of Interest ,
Disclosure Requirements ,
Fiduciary Duty ,
Form ADV ,
Form CRS ,
Investment Adviser ,
New Guidance ,
Revenue Sharing ,
Securities and Exchange Commission (SEC) ,
Share Class Selection Disclosure Initiative (SCSD)
On November 5, 2019, the SEC issued a release proposing amendments to the federal proxy rules that are intended to enhance the accuracy and transparency of information provided by proxy advisory firms to investors and...more
12/10/2019
/ Anti-Fraud Provisions ,
Conflicts of Interest ,
Disclosure Requirements ,
Exemptions ,
Investment Adviser ,
Investors ,
Proposed Rules ,
Proxy Advisory Firms ,
Proxy Solicitations ,
Proxy Voting ,
Proxy Voting Guidelines ,
Securities and Exchange Commission (SEC) ,
Shareholders
New Rules, Proposed Rules, Guidance and Alerts -
GUIDANCE AND ALERTS -
SEC Staff Issues Guidance on Improving Fund Principal Risks Disclosure -
On September 9, 2019, the Disclosure Review and Accounting Office...more
On July 23, 2019, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert outlining its observations and recommendations following an examination initiative that focused on oversight practices...more
9/5/2019
/ Client Services ,
Conflicts of Interest ,
Disclosure Requirements ,
Due Diligence ,
Hiring & Firing ,
Investment Adviser ,
OCIE ,
Policies and Procedures ,
Professional Disciplinary Actions ,
Risk Alert ,
Supervision
On May 3, 2019, the SEC issued a proposal to amend certain rules and forms relating to required financial disclosures in business combination transactions involving investment companies.
First, the proposal would...more
7/5/2019
/ Acquisitions ,
Comment Period ,
Disclosure Requirements ,
Financial Reporting ,
Financial Statements ,
Investment Companies ,
Investment Company Act of 1940 ,
Investment Funds ,
Proposed Amendments ,
Public Comment ,
Regulation S-X ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Subsidiaries
Investment Services Regulatory Update –
New Rules, Proposed Rules, Guidance and Alerts –
New Rules –
SEC Adopts Rules and Interpretations Concerning the Standard of Conduct for Broker-Dealers and Investment Advisers...more
7/3/2019
/ Advisors Act ,
Best Interest Standard ,
Broker-Dealer ,
Disclosure Requirements ,
ETFs ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
New Rules ,
Proposed Rules ,
Registered Investment Companies (RICs) ,
Regulation Best Interest ,
Securities and Exchange Commission (SEC)
New Rules, Proposed Rules, Guidance and Alerts –
SEC STAFF GUIDANCE AND ALERTS –
OCIE Announces Risk-Based Sweep Exam of Funds, ETFs and Advisers -
On November 8, 2018, the SEC’s Office of Compliance Inspections and...more
New Rules, Proposed Rules, Guidance and Alerts –
SEC STAFF GUIDANCE AND ALERTS –
OCIE Publishes Risk Alert on Compliance Issues Relating to Best Execution –
On July 11, 2018, the Office of Compliance Inspections and...more
8/21/2018
/ Best Execution ,
Broker-Dealer ,
Cryptocurrency ,
Digital Assets ,
Disclosure Requirements ,
Dismissals ,
Duty of Care ,
Enforcement Actions ,
Excessive Fees ,
Exemptions ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Company Act of 1940 ,
Investors ,
JOBS Act ,
New Guidance ,
New Rules ,
OCIE ,
Pending Legislation ,
Policies and Procedures ,
Private Right of Action ,
Proposed Rules ,
Risk Alert ,
Section 36(b) ,
Securities and Exchange Commission (SEC) ,
Virtual Currency
New Rules, Proposed Rules, Guidance and Alerts -
PROPOSED RULES -
SEC Proposes New Rule to Permit Certain ETFs to Operate Without an Exemptive Order -
On June 28, 2018, the SEC issued a proposed new rule under the...more
8/6/2018
/ Administrative Proceedings ,
Amended Rules ,
Asset Management ,
Comment Period ,
Conflicts of Interest ,
Disclosure Requirements ,
Enforcement Actions ,
ETFs ,
Excessive Fees ,
Exemptive Orders ,
Gartenberg Factors ,
Internet ,
Investment Adviser ,
Investment Company Act of 1940 ,
Investment Management ,
Investors ,
Liquidation ,
New Rules ,
Open-Ended Fund Companies (OFCs) ,
Processing Fees ,
Proposed Rules ,
Public Comment ,
Registered Investment Companies (RICs) ,
Rule 22e-4 ,
Section 36(b) ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Shareholders ,
Summary Judgment ,
XBRL Filing Requirements
New Rules, Proposed Rules, Guidance and Alerts -
PROPOSED RULES -
SEC Proposes Changes to Fund Liquidity Disclosure Requirements -
On March 14, 2018, the SEC issued proposed amendments to the disclosure requirements...more
4/13/2018
/ Board of Directors ,
CFTC ,
Civil Monetary Penalty ,
Disclosure Requirements ,
Dodd-Frank ,
Enforcement Actions ,
ETFs ,
Excessive Fees ,
Form N-CEN ,
Form N-PORT ,
Investment ,
Investment Company Act of 1940 ,
Liquidity ,
Liquidity Risk Management Rule ,
Proposed Rules ,
Risk Management ,
Rule 22e-4 ,
Securities and Exchange Commission (SEC)
New Rules, Proposed Rules, Guidance and Alerts -
PROPOSED RULES -
SEC Proposes Changes to Fund Liquidity Disclosure Requirements -
On March 14, 2018, the SEC issued proposed amendments to the disclosure requirements...more
3/21/2018
/ 12b-1 plan ,
Disclosure Requirements ,
Form N-PORT ,
Investment Company Act of 1940 ,
Liquidity Risk Management Rule ,
Proposed Amendments ,
Proposed Rules ,
Reporting Requirements ,
Rule 22e-4 ,
Section 36(b) ,
Securities and Exchange Commission (SEC)
New Rules, Proposed Rules, Guidance and Alerts -
SEC STAFF GUIDANCE AND ALERTS -
SEC Staff Issues No-Action Letters to Facilitate Cross-Border Compliance with the Research “Unbundling” Provisions of the European...more
11/21/2017
/ Asset Management ,
Broker-Dealer ,
Business Continuity Plans ,
CFTC ,
Department of Labor (DOL) ,
Derivatives ,
Disclosure Requirements ,
ETFs ,
EU ,
Fiduciary Rule ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Hyperlink ,
Incorporation by Reference ,
Independent Directors ,
Inducements ,
Insurance Regulations ,
Investment ,
Investment Adviser ,
Investment Management ,
Investors ,
Liquidity ,
MiFID II ,
New Guidance ,
New Rules ,
No-Action Letters ,
No-Action Relief ,
Proposed Rules ,
Public Comment ,
Regulatory Requirements ,
Research Funding ,
Risk Management ,
Safe Harbors ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Transactions ,
Shareholders ,
Stress Tests ,
U.S. Treasury