You slave over Form PF trying to get the information demanded by the Securities and Exchange Commission. What happens to that data? The Dodd-Frank Wall Street Reform and Consumer Protection Act Section 404 directed the SEC to establish reporting requirements for investment advisers to private funds as necessary and appropriate in the public interest and … Read more »
Dog Days of Summer
It’s time for some vacation. I may lay around on the porch and not think much about compliance. Don’t expect any posts for the next few days. Read more »
Weekend Reading: Capital
In Capital in the Twenty-First Century, Thomas Piketty argues that if the rate of return on capital is persistently greater than the rate of economic growth this will cause wealth inequality to increase in the future. The theory is that wealth accumulated in the past grows more rapidly than output and wages. It’s a great … Read more »
Compliance Bricks and Mortar for August 22
These are some of the compliance related stories that recently caught my attention. Ebola tragedy is also a story of graft by Richard L. Cassin in the FCPA Blog One reason the fatality rate is so high — up to 90% in some regions, according to WHO — is because intensive care facilities are needed … Read more »
SEC’s Municipal Advisor Exam Initiative
The Securities and Exchange Commission announced a new examination initiative directed at newly regulated municipal advisors. The examinations are designed to establish a “presence” with the newly regulated municipal advisors. We’ve seen this blueprint before. It looks a lot like the presence exam initiative for newly registered private fund managers and the never before examined … Read more »
Another Tale of Golf Course Stock Tips Ending Up in a Sand Trap of Insider Trading
The Securities and Exchange Commission brought another insider trading case where the tips were allegedly traded on the golf course. “Country clubs or similar venues may give people a false sense of security that leads them to think they can get away with trading on unlawful stock tips,” said Paul G. Levenson, director of the … Read more »
The Stability of Prime Money Market Funds
I was critical of the Securities and Exchange Commission’s new rule on money market funds. To me it seemed like it was trying to fix a problem that didn’t exist, and in the process made things more complicated. For criticism to be correct, I need data. After review a paper on the Stability of Prime … Read more »
Compliance Bricks and Mortar for August 15
GPs look for ‘sweet spot’ on co-investment disclosures by Nicholas Donato in Private Funds Management Part of the SEC’s thinking is that co-investments are being used as marketing tools – so some investor protection is needed to ensure that promises made during fundraising are being fulfilled. Inspectors apparently want to see that every prospective LP … Read more »
Proposed Regulations on Customer Due Diligence Requirements
The U.S. Treasury Department’s Financial Crimes Enforcement Network has proposed revisions to its customer due diligence rules. Of course, the proposed rule would affect financial institutions that are currently subject to FinCEN’s customer identification program requirement: banks, brokers-dealers, and mutual funds. However, FinCEN suggested that it may be considering expanding these customer due diligence requirements … Read more »
Lawsuit Against SEC’s Political Contribution Rule
The New York Republican State Committee and the Tennessee Republican Party brought suit against the Securities and Exchange Commission challenging its political contributions rule for investment advisers, Rule 206(4)-5. The complaint seeks an injunction against the enforcement of the rule’s political contribution restrictions on contributions to federal candidates. The first attack on the rule is … Read more »