Archive
On August 23, the U.S. Securities and Exchange Commission ("SEC") voted 3-2 to finalize a package of rules and amendments under the Investment Advisers Act of 1940 (the "Advisers Act") that will significantly change the private funds industry (the “Adopting Release”). The Adopting Release finalizes new rules and amendments that were proposed in February 2022 (the “Proposal”). The SEC made meaningful changes in the Adopting Release that mitigated some of the most onerous effects of the new requirements and cited AIMA/ACC comments on 104 different occasions. Nevertheless, significant concerns remained regarding the final wording of key clauses and how the new requirements will be applied in practice. AIMA, along with a coalition of other trade associations, challenged the authority for these requirements in an appeal to the 5th Circuit Court of Appeals. That court vacated the rules in full on June 5, 2024.
Please contact Jennifer Wood with any questions regarding these requirements or the opinion of the 5th Circuit Court of Appeals.
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Jennifer Wood
Managing Director, Global Head of Asset Management Regulation & Sound Practices
AIMA Implementation Work
Past AIMA Work
An initial high level summary of the final rules was published August 23, 2023, and members can access it here. An analysis of the application of the PFA Rule to non-U.S. advisers can be accessed here. Subsequently, we published more in depth summaries of the requirements, one for registered investment advisers available here, and another for private fund advisers exempt from SEC registration avialable here.
AIMA hosted a “what’s required” webinar on August 25 to discuss the final rules, what may have changed from what was proposed and more. Members can access the replay below.
On September 6, AIMA hosted a webinar focused on the private funds adviser rule requirements that apply to non-U.S. exempt reporting advisers. Members can replay that session below. Members that are non-U.S. registered investment advisers will find the replay of the What's Required webinar to be more helpful than this session but may benefit from some of the discussion in the webinar for ERAs regarding the complications arising when some private fund clients are in the U.S.
AIMA's September issue of the Government and Regulatory Affairs Newsletter featured an article that explained the final rules' harm to investors and advisers, why challenging PFAR is necessary and what PFAR and other pending SEC proposed rules (if adopted as proposed) could mean for the private funds industry in the U.S. Click here to read the full article.
AIMA has presented a series of webinars delving more deeply into the various components of the new rules. See the "Upcoming Sessions and Replays" section of this webpage, below, for program announcements and replays of past sessions.
AIMA also launched a mini series of podcasts on some of the thornier aspects of the rules’ requirements with topics to be determined based on the terms of the final rules.
Finally, on April 25, AIMA published an implementation guide to assist members with the changes mandated by the final rules. THat can be accessed by clicking "Download the Guide" at the top of this page.
If you have any questions about the above roadmap, the proposed rules and what the rules could mean for investment advisers and investors, or any other inquiries, please reach out to [email protected].
PFAR Peer Group
Members who would like to join the PFAR Peer Group, which will convene periodically during the compliance period to discuss implementation challenges, can sign up here.
Webinars and Podcasts Replays
Webinar Replays
The SEC’s New Requirements for Advisers to Private FundsDate: 25 August 2023 |
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Podcast Replays