Dechert LLP: Navigating the Recent SEC Private Fund Rule Proposals | Considerations for Closed-End Private Fund Managers

The SEC has recently engaged in a flurry of rulemaking activity that would significantly impact asset managers that advise private funds. In February, the SEC proposed rules that, if adopted, would represent the most significant changes to the regulation of private funds and their advisers since the Dodd-Frank Act, and a fundamental shift in how private funds are regulated. These proposed rules would impose substantive regulation on an industry that currently is subject to a largely disclosure-based regime. While it remains to be seen what will be in the final rules, advisers should be aware of what is in these proposals and how they may impact their operations.

In light of this, join us for a discussion of the proposals and their relevance for: closed-end fund managers; open-end fund managers; and non-U.S. fund managers with U.S. investors.

Session 1: Considerations for Closed-End Private Fund Managers

Topics will include:
• An overview of the rule proposal, including:
o Clawback issues
o Liability standards
o Expense allocation
o Reporting to investors
o Side letters with investors
• What advisers should be thinking about now
• How to integrate these proposals into operations