SEC Answers Questions on Form for Advisors With Private Fund Assets

Form PF must be completed by RIAs that manage $150 million or more attributable to private funds

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  • Code of Ethics Rule The Code of Ethics Rule, found in Rule 204A-1, uses severe consequences for violation to help ensure investment advisors will do the right thing.  

The Securities and Exchange (SEC) on June 8 posted responses to frequently asked questions regarding the implementation of Rule 204(b)-1 and the new Form PF under the Investment Advisers Act of 1940.

SEC LogoThe form must be completed by registered investment advisors that manage $150 million or more in assets attributable to private funds. The FAQs cover issues relating to the categorization of hedge funds, liquidity funds and private equity funds under the Rule, as well as aggregation of assets principles and fund of funds reporting issues.

For instance, the Q&A regarding hedge funds is as follows:

Q: The form specifies that a commodity pool is categorized as a hedge fund for reporting purposes. Under Commodity Futures Trading Commission (CFTC) interpretations, a private fund that holds a single commodity interest position may be a commodity pool. Am I required to treat a private fund as a commodity pool if such private fund’s commodity interest positions are de minimis?

A: You should not categorize a private fund as a commodity pool for reporting purposes if the private fund’s commodity interest positions satisfy either of the de minimis tests in Regulation 4.13(a)(3)(ii) issued by the CFTC. Accordingly, you would only have to categorize such a private fund as a hedge fund if it otherwise meets the definition of a hedge fund (i.e., it may charge a performance fee, employ large amounts of leverage, or sell assets short).

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