Category Archives: Standard of Care

To Do Checklists for the Month of March 2022

Investment Advisors

Hedge/Private Fund Advisors

Broker-Dealers

Registered Commodity Pool Operators

Mutual Funds

  • Form N-PORT
  • Form N-MFP
  • Form N-CEN

Read more here.

SEC Frowns on Private Equity Fee Offset Calculations, Hedge Clauses, and Backtested Performance: Lessons Learned and Worth Reading for February 2022

Lessons Learned:

Worth Reading, Watching, and Hearing

Read more here.

More Lessons for Private Fund Advisors, BDs & NFA Member Firms Get Continued Relief from In-Person Inspection Rule: Regulatory Update for February 2022

Mid-February Regulatory Updates from Cari Hopsfenperger at Foreside.

Topics include:

Read more here.

The SEC proposed new rules last week to enhance Form PF reporting

As background, Form PF requires private fund advisers with at least $150 million in private fund assets under management to report certain information to the SEC at least annually and for a subset of large private fund advisers to provide more information on a more frequent basis.

The rule proposal makes changes in three principal areas including:

  • Requiring current reporting by large private fund advisers for certain triggering events.
  • Change reporting thresholds and require additional information to be reported by large private equity advisers.
  • Require additional reporting by Large Liquidity Fund Advisers.

Read more here.

Effective Succession Planning For Advisers

It’s imperative that advisers protect themselves and the clients they have worked so hard for through proper succession planning. Understandably, many advisers are not yet ready to sell their practice, but there are still numerous things advisers can do to protect their loved ones and their clients in the meantime.

One of those things is to enter into contingent buy-sell agreements whereby the adviser puts in place arrangements to sell the practice to another adviser in the event of the death, disability, or retirement of the adviser.

Read more here about additional considerations.