ComplianceAlert

Private Fund Exam Findings Released

On June 23, 2020, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert (the “Alert”) discussing observations from its private fund examinations over time. The Alert did not state the time period of the examinations included. However, any private fund manager that has been examined within the past two years should recognize some of the topics discussed. The Staff covers three main categories of findings within the Alert: Conflicts of Interest…

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Remote compliance workforce: Amy Lynch has your back in industry video chat (Nasdaq Trade Talks)

Founder and President Amy Lynch was recently profiled in a video interview with Nasdaq Trade Talks. Ms. Lynch discusses her background and the founding of FrontLine Compliance before delving into her guidance for CCOs and compliance staff in the remote work environment. She offers expert advice for managing compliance remotely and provides crucial tips for CCOs to utilize while firm employees are working from home during COVID-19. These include recommending that CCOs routinely check…

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ComplianceAlert

LIBOR Transition Exams Imminent

On June 18, 2020, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert (the “Alert”) outlining its plans to examine registrants’ readiness for the London Interbank Offered Rate (LIBOR) benchmark transition. The reference rate for loans, interest rate swaps, derivatives, and bonds is due to expire by 2022, and firms are expected to now be making transition plans for the change. LIBOR has been used extensively by both US and global…

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Will failure to disclose PPP loans draw the ire of regulators? It depends (Citywire)

Investment firms receiving a PPP loan during the coronavirus pandemic that fail to properly disclose it may face future regulatory scrutiny – or they may receive a pass. SEC guidance on the issue still remains unclear, but how the regulator reacts to non-disclosure of a PPP loan is likely to be a facts and circumstances approach. Amy Lynch, Founder and President of FrontLine, expects the SEC to look at a firm’s reasons for obtaining the…

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Amy Lynch cautions on “big bet” secondary offerings (MarketWatch)

A secondary offering from a company that has declared Chapter 11 bankruptcy needs to have air tight disclosures that explain it’s no safe bet for investors. FrontLine’s Founder and President, Amy Lynch, comments that the offering documents for the proposed Hertz Global Holdings Inc. stock sale need to spell out that any money invested could be a total loss. Pandemic related speculative type investing could be on the rise and other similar offerings would require…

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