November 16, 2010

SEC to Issue Proposals on Switching of Advisors, Hedge Fund Registration

Nov. 19 open meeting will be last one for Andrew 'Buddy' Donohue

More On Legal & Compliance

from The Advisor's Professional Library
  • Do’s and Don’ts of Advisory Contracts In preparation for a compliance exam, securities regulators typically will ask to see copies of an RIAs advisory agreements. An RIA must be able to produce requested contracts and the contracts must comply with applicable SEC or state rules.
  • Conducting Due Diligence of Sub-Advisors and Third-Party Advisors Engaging in due-diligence of sub-advisors isn’t just a recommended best practice— it is part of the fiduciary obligation to a client. An RIA should be extremely reluctant to enter a relationship with a sub-advisor who claims the firm’s strategy is proprietary.

The Securities and Exchange Commission (SEC) will meet on Friday to vote on implementing several proposed rules under Dodd-Frank—to require hedge funds and other private funds to register with the commission; increasing the threshold for the SEC’s oversight of advisors to $100 million in assets from $25 million (resulting in the switching of nearly 4,000 advisors to state oversight); and proposed rules on new data warehouses.

The Commission will also consider whether to propose rules that would implement new exemptions from the registration requirements of the Investment Advisers Act of 1940 for advisors to venture capital funds and advisors with less than $150 million in private fund assets under management in the United States. A loophole currently exists in Dodd-Frank which exempts private fund firms with from $100 million to $150 million from registering with the SEC.

The SEC meeting will be the last one for Andrew “Buddy” Donohue, director of the SEC’s Division of Investment Management, as his last day is reportedly Nov. 19. A successor has not been named for Donohue.

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