The SEC, a sleeping giant for most of 2018, has suddenly awoken. It’s most recent activity has come in the form of a National Exam Program Risk Alert (“the Alert”). The Alert targets registered investment advisers and focuses on Rule 206(4)-3, the Cash Solicitation Rule (“the Rule”). SEC’s OCIE based its Alert on findings from its…
On October 12, 2018, the SEC’s Division of Investment Management issued a no-action letter to the Independent Directors Council (“IDC”) regarding the oversight of affiliated transactions. Under the Investment Company Act, Rules 10f-3, 17a-7, and 17e-1 are commonly referred to in the fund industry as the “affiliated transaction rules” and are each an Exemptive Rule…
Effective October 31, 2018, the NFA is requiring new disclosures for CPOs and CTAs under NFA Compliance Rule 2-4 and Rule 2-29. The disclosures, outlined in NFA Interpretive Notice 9073, specifically relate to those CPOs and CTAs engaged in virtual currency activities. This comes on the heels of the new Memorandum of Understanding (MOU) between…
On July 11, 2018, the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a National Exam Program Risk Alert (“Risk Alert”) that summarizes its findings from over 1,500 investment adviser examinations. Best execution analysis and monitoring has long been a challenge for investment advisers due to the lack of control over the execution process…
On June 28, 2018, the SEC updated its Investment Company Liquidity Disclosure Rule via SEC Release No. IC-33142. The updates clarify and simplify certain required reporting by funds to the SEC. Surprisingly, the revisions come well before the earliest compliance dates for funds – December 1, 2018 – under the new Liquidity Risk Disclosure Rules….