On March 12, the US Securities and Exchange Commission (SEC), via a No Action Letter, issued interpretive guidance clarifying what constitutes “reasonable steps” issuers can take to verify purchasers’ accredited investor...more
The US Securities and Exchange Commission (SEC) released a press release on January 15 announcing that it had charged Navy Capital Green Management, LLC, an investment adviser, with violations of the Investment Advisers Act...more
The US Securities and Exchange Commission (SEC) recently released its priorities for 2025. As in recent years, the SEC is focusing on fiduciary duties and the development of compliance programs as well as emerging risk areas...more
1/14/2025
/ Artificial Intelligence ,
Compliance ,
Cybersecurity ,
Fiduciary Duty ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Management ,
Private Funds ,
Regulatory Agenda ,
Risk Management ,
Securities and Exchange Commission (SEC)
On August 28, the Financial Crimes Enforcement Network (FinCEN) issued a final rule establishing anti-money laundering and countering the financing of terrorism (AML/CFT) compliance obligations for US Securities and Exchange...more
11/4/2024
/ AML/CFT ,
Anti-Money Laundering ,
Audits ,
Bank Secrecy Act ,
Compliance ,
Due Diligence ,
Employee Training ,
Exempt Reporting Advisers (ERAs) ,
Final Rules ,
Financial Institutions ,
FinCEN ,
Internal Controls ,
Investment Adviser ,
Policies and Procedures ,
Popular ,
Risk Assessment ,
Securities and Exchange Commission (SEC)
Recently, the US Department of Homeland Security’s (DHS) Cybersecurity & Infrastructure Security Agency (CISA) issued a notice of proposed rulemaking (NPRM) which, if adopted, would require “covered entities” of critical...more
The US Securities and Exchange Commission (SEC) recently released two new sources of guidance for the Marketing Rule. On February 26, the SEC Division of Investment Management released an FAQ clarifying how to include gross...more
6/17/2024
/ Advertising ,
Books & Records ,
Compliance ,
Documentation ,
Fiduciary Duty ,
Investment Adviser ,
Marketing ,
Misleading Statements ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Surveys
In September 2023, we covered the Rules (Rule) published by the US Securities and Exchange Commission (SEC), developed to promote transparency for investors by increasing visibility into compensation schemes, sales practices,...more
5/17/2024
/ Administrative Procedure Act ,
Compensation ,
Compliance ,
Deadlines ,
Dodd-Frank ,
Food and Drug Administration (FDA) ,
Investment Advisers Act of 1940 ,
Investors ,
Oral Argument ,
Private Funds ,
Securities and Exchange Commission (SEC) ,
Transparency
On February 13, the US Department of the Treasury’s (USDT) Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking (NPRM) which, if adopted, would sweep Security and Exchange Commission-Registered...more
3/7/2024
/ AML/CFT ,
Audits ,
Bank Secrecy Act ,
Compliance ,
Employee Training ,
Exempt Reporting Advisers (ERAs) ,
Financial Institutions ,
FinCEN ,
Investment Adviser ,
Notice of Proposed Rulemaking (NOPR) ,
Patriot Act ,
Proposed Rules ,
Recordkeeping Requirements ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
Suspicious Activity Reports (SARs) ,
U.S. Treasury
The US Securities and Exchange Commission (SEC) Division of Examinations recently released its 2024 Examinations Priorities, a yearly report that provides insight into the Division’s areas of focus to improve compliance,...more
10/26/2023
/ Business Valuations ,
Compliance ,
Conflicts of Interest ,
Cryptoassets ,
Disclosure Requirements ,
Examination Priorities ,
Fees ,
Fraud ,
Illiquid Assets ,
Information Security ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Policies and Procedures ,
Portfolio Managers ,
Proprietary Trading ,
Reporting Requirements ,
Risk Management ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC)
On October 8, 2023, in an effort to improve the diversity of venture capital investment in the state, California Governor Gavin Newsom signed Senate Bill No. 54 (SB 54) into law. SB 54 requires venture capital companies (VCC)...more
On August 23, 2023, in its efforts to promote transparency for investors by increasing visibility into compensation schemes, sales practices, and conflicts of interest, the US Securities and Exchange Commission (SEC) adopted...more
9/12/2023
/ Administrative Procedure Act ,
Attorney's Fees ,
Audits ,
Clawbacks ,
Compensation ,
Compliance ,
Conflicts of Interest ,
Deadlines ,
Disclosure Requirements ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Portfolios ,
Investors ,
New Amendments ,
New Rules ,
Private Funds ,
Recordkeeping Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Transparency
On May 3, 2023, the Securities and Exchange Commission (SEC) adopted amendments to Form PF.
Form PF is the “confidential reporting form for certain SEC-registered investment advisors to private funds” that “provides the...more
On March 27, the US Securities and Exchange Commission (SEC) released a risk alert focusing on the SEC’s conclusions after its routine examination of newly registered investment advisors....more