On June 12, the Securities and Exchange Commission (SEC) formally withdrew 14 proposed rules for investment advisers, broker-dealers and public companies, many of which had been pending for several years. Should the SEC...more
6/19/2025
/ Broker-Dealer ,
Cybersecurity ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Financial Services Industry ,
Investment Adviser ,
Investment Funds ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Third-Party ,
Withdrawal
On March 19, the SEC issued updates to its FAQs regarding compliance with Rule 206(4)-1 of the Advisers Act (the Marketing Rule) addressing (i) when gross and net performance are required for certain “extracted” performance,...more
On March 12, 2025, the Staff of the SEC Division of Corporation Finance (the Staff) provided guidance in response to a letter requesting interpretive guidance (the No-Action Letter) to clarify the verification requirement of...more
3/26/2025
/ Capital Markets ,
CD&I ,
Compliance ,
Investment Funds ,
Investors ,
JOBS Act ,
Private Equity Firms ,
Regulatory Reform ,
Regulatory Requirements ,
Rule 506 Offerings ,
Rule 506(c) ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
In the last 12 months, we have seen private debt markets take off over other strategies. In particular, there are now more creative ways of bringing in new types of investors to this asset class, including insurers, pension...more
3/5/2025
/ Alternative Investment Funds ,
Asset Management ,
Capital Markets ,
Debt Financing ,
EU ,
Financial Institutions ,
Insurance Industry ,
Investment ,
Investment Funds ,
Investors ,
Pensions ,
Private Equity ,
Private Funds
On January 22, the Institutional Limited Partners Association (ILPA) released an update to its 2016 Reporting Template and unveiled a new Performance Template. Together, the goal of these documents is to enhance and...more
2/4/2025
/ Disclosure Requirements ,
Financial Reporting ,
Fund Managers ,
Institutional Investors ,
Institutional Limited Partners Association (ILPA) ,
Investment Funds ,
Investment Management ,
Investors ,
Private Equity ,
Private Funds ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
The SEC’s Division of Examinations (“DOE”) recently released its 2024 examination priorities (available here). The SEC provides examination priorities on an annual basis to convey to registrants specific areas that DOE will...more
Part 2 of the Paul Hastings’ Investment Funds and Private Capital team’s review of the new Private Fund Rules explores the new rules in-depth, and provides additional perspective on market practices that may evolve in...more
9/14/2023
/ Audits ,
Competition ,
Documentation ,
Exempt Reporting Advisers (ERAs) ,
Grandfathering Rules ,
Illiquid Assets ,
Investment Funds ,
Investment Portfolios ,
Legacy Funds ,
Preferential Trade Status ,
Principal Place of Business ,
Private Funds ,
Quarterly Report ,
Registered Investment Advisors ,
Securities and Exchange Commission (SEC) ,
Stocks
On September 6, 2023 the SEC released a risk alert (available here) detailing how the Division of Examinations (the “Division”) utilizes a risk-based approach for both selecting which SEC-registered investment advisers...more
On September 1, 2023, a group of private fund industry groups filed a petition in the United States Court of Appeals for the Fifth Circuit, challenging the SEC’s recently adopted Private Funds Rule (defined below). Our...more
On August 23, 2023, the SEC voted (3-2) to adopt new rules and amendments under the Investment Advisers Act of 1940 applicable to private fund advisers (available here), which were initially proposed in February 2022.
The...more
8/24/2023
/ Audits ,
Clawbacks ,
Collateralized Loan Obligations ,
Disclosure Requirements ,
Grandfathering Rules ,
Indemnification ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Investment Funds ,
New Amendments ,
Preferential Trade Status ,
Private Funds ,
Quarterly Report ,
Registered Investment Advisors ,
Securities and Exchange Commission (SEC)