The Securities and Exchange Commission adopted new and amended rules under the Investment Advisers Act of 1940 (“Final Rules”) in August 2023 that will impose a broad set of new reporting, disclosure and other obligations on...more
10/13/2023
/ Audits ,
Books & Records ,
Documentation ,
Fees ,
Final Rules ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Offshore Companies ,
Private Funds ,
Quarterly Report ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC) ,
UCITS
Today, the Securities and Exchange Commission adopted new and amended rules under the Investment Advisers Act of 1940, as amended (Final Rules) that will significantly reform the scope of reporting, disclosure and other...more
8/24/2023
/ Audits ,
Compliance ,
Consumer Protection Act ,
Disclosure Requirements ,
Dodd-Frank ,
Final Rules ,
Investment Advisers Act of 1940 ,
Investment Portfolios ,
Private Funds ,
Recordkeeping Requirements ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
The U.S. Securities and Exchange Commission, by a vote of four-to-one, proposed a major overhaul of the investment adviser custody rule on February 15, 2023. The proposal would amend and redesignate Rule 206(4)-2 under the...more
The Securities and Exchange Commission on February 9, 2022, voted three to one to propose a set of new rules and rule amendments under the Investment Advisers Act of 1940 that collectively, if adopted, would represent the...more
The Securities and Exchange Commission on August 26, 2020 adopted amendments to the definition of “accredited investor” to: add new categories of investors (both for individuals and entities); codify long-standing SEC staff...more
The Securities and Exchange Commission on August 26, 2020 adopted amendments to the definition of “accredited investor” to: add new categories of investors (both for individuals and entities); codify long-standing SEC staff...more
The U.S. Securities and Exchange Commission on December 18, 2019 approved for publication a rulemaking proposal (Proposal) to: amend the definition of “accredited investor;” introduce additional qualification methods; codify...more
2/13/2020
/ Accredited Investors ,
Comment Period ,
Family Businesses ,
Investment Company Act of 1940 ,
Limited Liability Company (LLC) ,
Private Funds ,
Proposed Amendments ,
Public Comment ,
Qualified Institutional Buyers ,
Regulation D ,
Rule 144A ,
Rulemaking Process ,
Securities Act of 1933 ,
Securities and Exchange Commission (SEC) ,
Small Offering Exemptions
The U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations issued a National Exam Program Risk Alert on May 23, 2019, which identifies security risks and best practices associated with the...more
6/10/2019
/ Broker-Dealer ,
Cloud Storage ,
Customer Information ,
Cybersecurity ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Network Security ,
OCIE ,
Policies and Procedures ,
Popular ,
Risk Alert ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
Third-Party Risk ,
Vendors
Through a March 12, 2019 letter (Letter), Paul Cellupica, Deputy Director and Chief Counsel of the SEC’s Division of Investment Management, on behalf of the Division’s staff invited industry engagement and sought information...more
3/23/2019
/ Blockchain ,
Comment Period ,
Custody Rule ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Guidance Update ,
Investment Adviser ,
Investment Company Act of 1940 ,
Non-DVP ,
Proposed Rules ,
Public Comment ,
Securities and Exchange Commission (SEC)
The U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) issued a National Exam Program Risk Alert on December 14, 2018 concerning the use of electronic messaging by registered...more
1/25/2019
/ Books & Records ,
Bring Your Own Device (BYOD) ,
Commercial Electronic Messages ,
Compliance ,
Data Security ,
Electronic Communications ,
Employee Training ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
OCIE ,
Policies and Procedures ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Supervision ,
Third-Party
The U.S. Securities and Exchange Commission announced two settled enforcement actions on November 16, 2018, imposing registration requirements and civil penalties against issuers of initial coin offerings (ICOs) for failing...more
12/6/2018
/ Broker-Dealer ,
Civil Monetary Penalty ,
Compliance ,
Digital Assets ,
Enforcement Actions ,
Financial Industry Regulatory Authority (FINRA) ,
Howey ,
Initial Coin Offering (ICOs) ,
Investment Advisers Act of 1940 ,
Investment Company Act of 1940 ,
Registration Requirement ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Securities Violations ,
Settlement ,
Unregistered Securities
The Staff of the SEC’s Division of Investment Management has issued a no-action letter permitting a fund’s board to rely on written representations from the fund’s CCO in lieu of quarterly determinations that the fund’s...more
The New York Attorney General released a report on September 18, 2018 on the results of the Virtual Markets Integrity Initiative, which was launched earlier in the year by the New York State Office of the Attorney General...more
10/10/2018
/ Abusive Acts ,
Conflicts of Interest ,
Contractual Safeguards ,
Crypto Exchanges ,
Cryptocurrency ,
Data Security ,
Disclosure Requirements ,
Fees ,
Integrity Policies ,
Investor Protection ,
Market Abuse ,
Money Laundering ,
State Attorneys General ,
Trade Suspensions ,
Trading Platforms ,
Trading Policies ,
Transparency ,
Virtual Currency ,
Virtual Private Networks
The U.S. Securities and Exchange Commission has adopted amendments to certain disclosure requirements of open-end investment companies – including exchange-traded funds, but excluding money market funds – (collectively,...more
The U.S. Securities and Exchange Commission (SEC) on March 14, 2018 proposed a rule (Proposed Rule) that would: (i) eliminate or modify certain disclosure requirements of Form N-PORT; and (ii) add a new disclosure requirement...more
The staff of the U.S. Securities and Exchange Commission’s (SEC) Division of Investment Management (Staff) on July 18, 2017, released answers to frequently asked questions (FAQs) about the rules and forms relating to...more
8/3/2017
/ Amended Rules ,
Debt Securities ,
Derivatives ,
Filing Deadlines ,
Filing Requirements ,
Form N-CEN ,
Form N-PORT ,
Investment Companies ,
Money Market Funds ,
Public Disclosure ,
Registered Investment Companies (RICs) ,
Regulation S-X ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Updated Forms
The Office of Compliance Inspections and Examinations (OCIE) of the U.S. Securities and Exchange Commission (SEC) on January 12, 2017 announced its examination priorities for the current year. The priorities extend to nearly...more