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ARTICLE · 28 MARCH 2022

What To Worry About With The SEC's Move To Regulate Private Funds

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The Securities and Exchange Commission (SEC) has been very busy these last few weeks as evidenced by a series of rule proposals released as part of what looks like an ambitious agenda for 2022.

United StatesFinance and Banking
Henry Bregstein
Henry Bregstein
Wendy Cohen
Wendy Cohen
Christian Hennion
Christian Hennion
Richard Marshall
Richard Marshall
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The Securities and Exchange Commission (SEC) has been very busy these last few weeks as evidenced by a series of rule proposals released as part of what looks like an ambitious agenda for 2022. This includes tackling areas such as cybersecurity, risk management, more reporting under Form PF, environmental, social and governance (ESG) disclosures, proposed amendments to the beneficial ownership regime and new reporting under short sale rules.

The SEC also signaled a major shift for the Investment Advisers Act of 1940, which could affect the day-to-day business of almost all private fund advisers, as well as all other advisers (even those that are exempt from registration). The proposed rules include:

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