On February 7, 2023, the Division of Examinations of the US Securities and Exchange Commission (the “Division” and the “SEC,” respectively) announced its examination priorities for 2023. This year, the Division identified new and significant focus areas including: (i) recently adopted rules under the Investment Advisers Act of 1940 and Investment Company Act of 1940
SEC Open Meeting—Is T+1 Coming Soon?
In February 2022, the Securities and Exchange Commission proposed to adopt rules and rule amendments to shorten the standard settlement cycle for securities transactions from two business days from trade date (T+2) to one business day (T+1) and requested comments. Next week on February 15, 2023, the SEC will host an open meeting to discuss
SEC Small Business Capital Formation Advisory Committee Meeting
Today, February 7, 2023, the Securities and Exchange Commission’s Small Business Capital Formation Advisory Committee will host a meeting to discuss several matters. The Committee will discuss alternatives to traditional bank and venture capital funding for small and mid-size private companies. Next, the Committee will discuss rules and amendments first proposed in February 2022 pertaining
SEC Open Meeting Announced
The Securities and Exchange Commission (“SEC”) scheduled an open meeting for October 26, 2022 at 10:00 am ET to consider several matters.
The SEC will consider whether to adopt rules to implement Section 10D of the Securities Exchange Act of 1934, which includes “clawback” standards on national securities exchanges, as proposed by the SEC in
SEC Proposal Significantly Impacts Private Fund Advisers and Investors
On February 9, 2022, the US Securities and Exchange Commission (the “SEC”) voted to propose a suite of new rules and amendments (the “Proposal”) under the Investment Advisers Act of 1940, as amended. If adopted, the Proposal would significantly increase the compliance obligations of advisers to “private funds” and would fundamentally reorder the relative rights,
The Social Media Guide: Social Media Compliance for Issuers, Broker-Dealers, & Investment Advisers
You are an issuer, investment adviser, or broker-dealer. You want to communicate to the public about securities. Should you (a) type a letter and drop it in the mailbox; (b) chisel out a prospectus on two stone tablets; or (c) use social media?
If you chose (c),
The SEC Adjusts the “Qualified Client” Tests for Inflation
Effective August 16, 2021, the Securities and Exchange Commission will apply new threshold amounts with respect to the definition of “qualified clients,” raising the starting dollar amounts of the assets-under-management and net worth tests under Rule 205-3 of the Investment Advisers Act of 1940 (“Advisers Act”).
Rule 205-3 allows an investment adviser to charge a
SEC Examinations Division Issues Risk Alert on ESG Products and Services
On April 9, 2021, the Division of Examinations (“Division” or “staff”) of the US Securities and Exchange Commission issued a risk alert that highlighted its observations from its recent examinations of investment advisers, registered investment companies and private funds offering ESG products and services. The risk alert also provides observations of effective practices.
Noting that
SEC’s Division of Examinations 2021 Exam Priorities – Investment Advisers and Investment Companies
On March 3, 2021, the Division of Examinations of the US Securities and Exchange Commission announced its 2021 examination priorities, which, as in previous years, provide insight into its risk-based approach for the year with respect to the entities it examines. In this Legal Update, we discuss the announced priorities applicable to investment advisers
SEC Examinations Division Issues Risk Alert Regarding Digital Assets
On February 26, 2021, the Division of Examinations (“Division”) of the US Securities and Exchange Commission (“SEC”) published a risk alert regarding its continued focus on digital assets (“Risk Alert”). The term “digital asset,” as used in the Risk Alert, refers to an asset that is issued and/or transferred using distributed ledger or blockchain technology