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ARTICLE · 20 MAY 2020

SEC Proposes To "Modernize" Fund Valuation Practices

Hogan Lovells Cadwalader
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The SEC proposed a regulatory framework for fund valuation practices which clarifies how a fund's Board of Directors can satisfy obligations concerning fair value determination.

United StatesCorporate/Commercial Law

The SEC proposed a regulatory framework for fund valuation practices which clarifies how a fund's Board of Directors can satisfy obligations concerning fair value determination.

Fair Value Determination

Under proposed Rule 2a-5 of the Investment Company Act, the SEC would mandate the implementation of written procedures for conducting fair value determinations and the maintenance of related records. The written procedures would be required to include certain functions such as:

  • regularly conducting assessments and mitigating material risks related to fair value determinations (e.g., risks relating to material conflicts of interest);
  • establishing and reviewing fair value methodologies; and

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