Written by Jay Gould On November 28, 2011, the SEC charged OMNI Investment Advisors, Inc. of Utah, Feltl & Company Inc. of Minneapolis and Asset Advisors LLC of Troy, Michigan for failing to adopt and implement compliance procedures designed to prevent securities law violations. The three enforcement actions discussed below…
Written by Jay Gould On Wednesday, November 16, 2011, the SEC charged Morgan Stanley Investment Management (“MSIM”) with violating securities laws in a fee arrangement that costs a fund and its investors approximately $1.8 million in sub-adviser fees. MSIM is the primary adviser to The Malaysia Fund (the “Fund”), a…
Written by Jay Gould On October 18, 2011, the SEC released a notice of FINRA’s filing of Proposed Rule 5123 (the “Proposed Rule”) which would require FINRA members and associated persons to: 1) provide to investors disclosure documents in connection with private placements prior to sale and 2) file with…
Written by Michael Wu By order released by the SEC on November 10, 2011, Western Pacific Capital Management LLC, a San Diego-based investment adviser, and its President, Kevin James O’Rourke, were charged with fraud for failing to disclose a conflict of interest to clients and materially misrepresenting the liquidity of…
Date & Time11/10/2011 12:30 pm – 7:00 pm PT 12:30 pm – 5:30 pm PTWorkshop5:30 pm – 6:30 pm PT Panel and Q&A6:30 pm PTCocktails LocationPillsbury’s SF office50 Fremont StreetSan Francisco, CA 94105 Join us for an interactive, instructional workshop to learn step-by-step how to create unique and individualized marketing…
Written by Jay Gould The Pillsbury Investment Funds Team has over the past month reviewed several new Due Diligence Questionnaire (“DDQ”) forms on behalf of fund manager clients from institutional investors and family offices that contain a new inquiry that is potentially problematic for certain fund managers. Generally, this new…
Written by Jay Gould, Ildiko Duckor and Michael Wu An investment adviser must ensure that its IARD account is adequately funded to cover payment of all applicable registration renewal fees and notice filing fees. Beginning November 14, 2011, Preliminary Renewal Statements (“PRS”), which list an adviser’s renewal fee amount, are…
Written by Jay Gould On October 26, 2011, the SEC adopted a new rule requiring SEC-registered advisers to hedge funds and other private funds with at least $150 million in private fund assets under management to report information to the Financial Stability Oversight Council (“FSOC”) to enable it to monitor…
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A MANAGERS-ONLY EVENT RSVP NOW ! Thursday, October 27, 2011 3:30 – 4:00pm Registration 4:00 – 5:30pm Presentation 5:30 – 6:30pm Reception Pillsbury’s San Francisco office 50 Fremont Street San Francisco, CA 94105 How can hedge fund managers that seek more efficient methods for raising capital avail themselves of…