Funds
SEC Adopts Private Fund Adviser Reforms
On August 23, 2023, the US Securities and Exchange Commission (SEC) adopted new rules and amendments to the Investment Advisers Act of 1940 (the “Advisers Act”) affecting private fund advisers. Under the new rules, all private fund advisers – regardless of registration status – will be prohibited from:
Becoming a Registered Investment Adviser: Worth the Costs?
There is one question that often confronts venture capital firms as they grow more successful and encounter new opportunities: Should we register with the Securities and Exchange Commission (SEC)? While there is no one-size-fits-all response, and each firm will decide based on its own set of facts and circumstances, the […]
Form 144 Goes Digital
Venture capital and private equity funds with public companies in their portfolios – or whose principals sit on public company boards – are likely to be impacted by the new electronic filing requirements adopted by the Securities and Exchange Commission (SEC) for Form 144.
Why Crypto Fund Managers Are Distressed Over the SEC’s Newly Proposed Safeguarding Rule
Note: This post is not intended to be a comprehensive summary of the Safeguarding Rule. Rather, it is intended to highlight some of the key requirements for fund managers should the SEC adopt the rule, as well as immediate concerns raised by SEC statements in the proposing release. After five […]
Private Funds Near Top of List on SEC’s 2023 Examination Priorities
Each year, the Securities and Exchange Commission’s Division of Examinations publishes its examination priorities, alerting the industry to what likely will become the areas of deficiency most cited in deficiency letters or referred to the Division of Enforcement that year. The 2023 Examination Priorities were published last week, and for […]
Annual SEC Section 13 Filing Requirements for Venture, Private Equity Funds
Venture and private equity funds that own equity securities of public companies may have numerous Securities and Exchange Commission filing requirements, including filings based on the size of the holdings of a particular portfolio company, aggregate holdings of securities across all public portfolio companies, and filings triggered by the volume […]
SEC Proposes New Rule and Record-Keeping Requirements for Outsourcing by Registered Investment Advisers
Engaging service providers and outsourcing various functions is a normal part of running an effective business. From the newest emerging managers to the most established ones, venture capital firms and private fund shops regularly rely on service providers to fill various functions, including valuation, accounting, anti-money laundering and “know your […]
Last-Minute Checklist for Private Fund Managers Complying With Marketing Rule
By now, registered investment advisers (RIAs) know that this is their last week to ensure they come into compliance with the “new” marketing rule under the Investment Advisers Act of 1940. While the Securities and Exchange Commission (SEC) adopted amendments to Rule 206(4)-1 (Marketing Rule) on December 22, 2020, with […]