The Securities and Exchange Commission (SEC) has introduced new rules to address conflicts of interest when advisers offer investors the choice between selling or exchanging their interests in a private fund for interests in another vehicle managed by the adviser or related parties. In this piece, we explore the impacts of these new rules for investors and managers and highlight considerations for effective implementation.
Over the last months, we have continued to engage and meet with the US SEC on a range of proposed rules – raising specific concerns about the unintended consequences of the Safeguarding Advisory Client Assets Rule and the Predictive Analytics Rule.
Our initial assessment of the SEC's Private Fund Adviser Rule is that while there is less prohibition and more disclosure, it remains overly prescriptive. While some controversial aspects in the original proposal have been modified, the rule will bring significant changes to the regulation of Private Fund Advisers that may still fail to address the root of governance failures.
In August 2022, the UK Financial Conduct Authority (FCA) issued its Dear CEO letter setting out its Alternatives Supervisory Strategy. This letter touched on several issues that are at the core of our mission here at the SBAI, including risk management, culture and responsible investment.
In this article, we discuss some of the points raised by the FCA and where we can be helpful to firms reviewing their processes and controls following on from this letter.