Exams of Non‑U.S. Advisers: Practical Tips for Handling SEC Exams (Part Three of Three)

Being examined by the SEC is never fun, but it can be especially stressful to an entity that has never been examined by the regulator before and is unsure what to expect. The fact that the SEC’s Division of Examinations has made it a priority to examine advisers that have never been examined – or have not been examined in a while – coupled with its recent efforts to conduct more exams of non‑U.S. advisers, means that private fund advisers based in Europe, Asia or elsewhere should be prepared for a call from the SEC. This article, the third in a three-part series, provides practical tips for non‑U.S. advisers that may face an SEC exam for the first time. The first article examined the SEC’s authority to conduct examinations of non‑U.S. advisers and the recent trend of more exams of those advisers; the second article compared SEC exams of U.S. advisers to exams of non‑U.S. advisers and exams conducted by the SEC to those conducted by foreign regulators. See our two-part series “HFLR Program Explores Current SEC Examination Practices and Issues”: Part One (Dec. 20, 2018); and Part Two (Jan. 10, 2019).

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