equity funds. The OCIE’s three main areas of focus for their 2015 exam priorities are (i) protecting retail investors, (ii) issues related to market-wide risks, and (iii) data analysis as…
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Senate Passes Cybersecurity Information Sharing Bill Long Sought by Industry
vote of 74-21, setting the stage for a House-Senate conference committee that will work to resolve differences between CISA and similar legislation passed by the House in April and to…
SEC Finally Adopts “Regulation Crowdfunding”
regulatory requirements persist. On October 30, 2015, the Securities and Exchange Commission (SEC) voted to adopt final rules implementing Title III of the Jumpstart Our Business Startups Act (JOBS Act),…
More Investment Advisers on the Hook for Failure to Disclose Conflicts of Interest
On November 3, 2015, the Securities and Exchange Commission (SEC) announced that Fenway Partners, LLC (Fenway Partners), a private equity fund adviser, agreed to pay more than $10 million…
Reminder: 2016 IARD Account Renewal Obligations For Investment Advisers
for the payment to be posted to its IARD Renewal account by the December 18 deadline, an investment adviser should submit its preliminary renewal fee to FINRA through the IARD…
SEC Adopts Final Crowfunding Regulation
On October 30, 2015, the Securities and Exchange Commission (SEC) adopted Regulation Crowdfunding. The final rule permits companies to offer and sell securities through crowdfunding. The “Regulation Crowdfunding Exemption”…
AIFMD Development – No “Passport” in Sight for the US
“unlevel playing field” of the restrictions on EU funds to access US retail investors. At present, in order for the passport to be extended to the US substantive changes would…
SEC Charges Investment Adviser for Failure to Disclose Change in Investment Strategy
advisory fees to investors, compensate investors for $4.9 million of investment losses and pay $4.4 million in interest and penalties to the SEC for allegedly failing to disclose an investment strategy…
CA Treasurer Calls for Legislation to Require Disclosure of Private Equity Fees
In a letter addressed to CalPERS and CalSTRS, California State Treasurer, John Chiang, has called for state legislation to require private equity firms to disclose all fees paid by…
Warning to Fund Counsel – When It Comes to Conflicts, Leave Nothing Undisclosed
public offering of a portfolio company, monitoring fees could be accelerated for the remaining years of the agreements’ terms (including extension periods), discounted to present value and paid in advance…