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Private Equity Securities and Exchange Commission (SEC) Investment Adviser

SEC Compliance Consultants, Inc. (SEC³)

Latest SEC Document Request Lists: What Private Fund Managers Should be Worrying About

Many private fund managers are breathing a sigh of relief after the Fifth Circuit struck down the Private Fund Rules (check out our blog post for more information). Do not, however, assume the SEC will stop its aggressive...more

Cadwalader, Wickersham & Taft LLP

Chevron and Carry On July 2024 - Investec’s Secondaries Report 2024 Out Now

Investec’s latest Secondaries Report, Charting a course for further growth is out now. It’s packed with the latest insights on the secondaries market and explores the exceptional performance over the last year, despite deep...more

Williams Mullen

SEC Private Fund Rule Struck Down by US Appeals Court

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A U.S. appeals court struck down a newly adopted Securities and Exchange Commission (“SEC”) rule implementing a series of new disclosure requirements and restrictions on private fund advisors....more

Cadwalader, Wickersham & Taft LLP

Big News for Funds June 2024 - Fifth Circuit Strikes Down the Private Fund Adviser Rules

This week, the U.S. Court of Appeals for the Fifth Circuit vacated the private fund advisor rules (the “Final Rule”) adopted by the United States Securities Exchange Commission (the “SEC”). The Final Rule imposed significant...more

Carlton Fields

Expect Focus - Volume II, May 2024

Carlton Fields on

Last Lap in SEC RILA Rulemaking Critical Unresolved Issues - Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more

Sheppard Mullin Richter & Hampton LLP

What Private Equity Firms Need to Know About the Ongoing SEC Investigation of “Off-Channel” Communications

Over the last several years, the Securities and Exchange Commission (“SEC”) has been laser-focused on the use of so-called “off-channel communications” in the financial services industry. On the theory that employees’ use of...more

Morgan Lewis

SEC and CFTC Adopt Amendments to Form PF

Morgan Lewis on

On February 8, the US Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC and, together with the SEC, the Commissions) voted to adopt amendments to Form PF1 that will impact the...more

Seward & Kissel LLP

SEC Settles Charges Against Private-Equity Firm for Alleged Disclosure Policy Failures

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Quick Take: The SEC settled charges against a private-equity fund Adviser for failing to maintain and enforce policies and procedures reasonably designed to prevent the misuse of material nonpublic information (MNPI) and to...more

Benesch

SEC Adopts New Rules For Private Fund Advisers

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On August 23, 2023, the Securities and Exchange Commission (“SEC”) formally adopted new rules and amendments (collectively, the “Final Rule”) under the Investment Advisers Act of 1940, as amended (the “Advisers Act”), that...more

Jones Day

SEC Adopts Long-Awaited and Heavily Debated Private Fund Adviser Rules

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The U.S. Securities and Exchange Commission ("SEC") adopted multiple rules that will impact private funds, governing documents, and side letters....more

Morrison & Foerster LLP

Marketing Private Funds to U.S. Investors — A Practical Guide for Asia-Based Managers

As the private equity (“PE”) and venture capital (“VC”) funds industry grows and matures in Asia, managers are increasingly looking to market interests in their funds to U.S.-based investors. However, many Asia-based managers...more

McCarter & English, LLP

SEC Issues New Rules for Hedge Fund and Private Equity Disclosures

On May 3, the Securities and Exchange Commission approved a new rule that will require hedge fund advisers and private equity advisers to disclose more information to regulators on Form PF about their stability risks and...more

Stinson LLP

SEC Adopts Amendments to Form PF for Private Equity Funds

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On May 3, 2023, the Securities and Exchange Commission (SEC) voted to adopt certain amendments (Final Amendments) to Form PF reporting requirements. Form PF is a confidential, regulatory reporting form filed by SEC-registered...more

Lowenstein Sandler LLP

SEC Adopts Amendments to Form PF for Registered Investment Advisers to Private Funds

Lowenstein Sandler LLP on

On May 3, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted amendments to Form PF, the confidential form by which certain SEC-registered investment advisers report information pertaining to the private funds...more

Eversheds Sutherland (US) LLP

SEC adopts amendments to Form PF reporting for hedge fund and private equity fund advisers

On May 3, 2023, the Securities and Exchange Commission (the SEC) adopted, on a 3-2 vote, amendments to Form PF requiring certain current event reporting for Large Hedge Fund Advisers (as defined below), certain quarterly...more

Dorsey & Whitney LLP

SEC Amends Form PF to Require Event Reporting

Dorsey & Whitney LLP on

On May 3, 2023, the Securities and Exchange Commission (the “SEC”) adopted amendments (“Amendments”) to Form PF that will require: (i) current reporting by “large hedge fund advisers” of certain events that may indicate...more

Paul Hastings LLP

SEC Adopts Updates to Private Fund Reporting on Form PF

Paul Hastings LLP on

On May 3, 2023, the SEC approved amendments to Form PF reporting requirements for private fund managers. Most significantly, the updates introduce new event reporting obligations for SEC-registered private fund advisers,...more

Goodwin

New Form PF Current and Quarterly Event Reporting and Expanded Large Private Equity Fund Adviser Reporting Adopted By SEC

Goodwin on

On May 3, 2023, the Securities and Exchange Commission (the SEC) adopted important amendments to Form PF, the systemic risk reporting form for private fund advisers registered with the SEC, that would require (i) new...more

Seward & Kissel LLP

SEC Division of Examinations Announces 2023 Priorities

Seward & Kissel LLP on

On February 7, 2023, the SEC’s Division of Examinations (the “Division”) announced its 2023 examination priorities (“Examination Priorities”). The Division indicated that 2023 examinations will prioritize several significant...more

Proskauer Rose LLP

Q&A: What will be the biggest trend or issue impacting the European private funds market in 2023?

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Private equity is resilient and has been innovative in how it invests a large amount of dry powder. However, as we enter an uncertain market, what are the biggest factors that will impact how private markets raise and form...more

Skadden, Arps, Slate, Meagher & Flom LLP

SEC Risk Alert Spells Out the Agency’s Expectations for Investment Advisers as New Marketing Rule Takes Effect

As we noted in the October 2022 edition of our Investment Management Update, on September 19, 2022, the U.S. Securities and Exchange Commission’s (SEC’s) Division of Examinations (Examinations) issued a risk alert to inform...more

ArentFox Schiff

SEC Charges Private Equity Adviser for Undisclosed Disproportionate Allocation of Transaction Expenses to Advised Fund

ArentFox Schiff on

On June 14, 2022, the US Securities and Exchange Commission (SEC) released an order charging private equity adviser Energy Capital Partners Management, LP (ECP) with Investment Advisers Act violations in connection with a...more

Goodwin

CFPB Announces Supervision of Nonbanks and Seeks Comment on Risk-Determination Procedures

Goodwin on

Regulatory Developments - CFPB Announces Supervision of Nonbanks and Seeks Comment on Risk-Determination Procedures - On April 25, the CFPB announced its intention to supervise nonbanks, including fintechs, whose...more

Morgan Lewis

SEC Proposes Sweeping New and Amended Rules under Advisers Act to Overhaul Private Fund Industry

Morgan Lewis on

In the span of two weeks, the US Securities and Exchange Commission (SEC) has proposed rules that would significantly overhaul the regulation of the private fund industry. Specifically, on January 26, the SEC issued proposed...more

Polsinelli

SEC Proposes Amendments to Form PF to Drastically Expand Reporting Requirements for Private Fund Managers

Polsinelli on

On January 26, 2022, the Securities and Exchange Commission (the “SEC”) approved a proposal to amend Form Private Fund (“Form PF”) to (i) require additional reporting from advisers to large hedge funds and private equity...more

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