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SEC Risk Alert: Observations from Exams of New Advisers

On March 27, 2023, the SEC’s Division of Examinations released a Risk Alert highlighting its findings from the examination of newly-registered advisers. New advisers have been flagged as a group of interest by the Division in its Examination Priorities since 2013 (see our recent article...

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SEC 2023 Examination Priorities

The Securities and Exchange Commission’s Division of Examinations has announced its 2023 Examination Priorities. With the announcement of the 2023 priorities, Division of Examinations’ Director Richard R. Best said that they “…reflect the changing landscape and associated risks in the securities market and are the product...

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Does a Private Fund have a right to Privacy?

Following up on previous proposals we wrote about earlier this year, today the Securities and Exchange Commission proposed amendments to Form PF, the confidential reporting form for certain SEC-registered investment advisers to private funds, to: Enhance reporting by large hedge fund advisers on qualifying hedge funds; ...

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2022: The (Proposed) Great Private Fund Reform

To begin the year the SEC released their proposed changes to Form PF, which is a form that certain investment advisers registered with the SEC use to report confidential information about the private funds they advise. These proposed amendments to Form PF were released in...

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SEC 2022 Exam Priorities

 The U.S. Securities and Exchange Commission's Division of Examinations named private funds, ESG, standards of conduct, crypto-assets, and information security as its examination priorities in 2022. See below for a summary of each focus area. Significant Focus Areas Private Funds Continued review of: The calculation...

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SEC Proposes Rule for ESG Disclosures for Issuers

The proposed rule, aimed at helping issuers disclose risks more efficiently and effectively, prescribes disclosure about climate related-information including greenhouse gas emission and climate risks. These disclosure requirements will impact registration statements and annual reports. See below for an overview of the requirements. Required Disclosures: ...

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SEC Proposes New Rule for Private Fund Advisers

On February 9th, 2022, the SEC proposed new rules that, if adopted, would greatly shift the regulatory requirements for private fund advisers. The proposed rules are designed to protect private fund investors by increasing transparency, competition, and efficiency and support the trend of the SEC’s...

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