In light of SEC Chair Jay Clayton’s recent statement that the Commission will continue to focus on the compliance programs of private fund advisers, it is important for those advisers to start 2018 on the right note. See “Will Inadequate Policies and Procedures Be the Next Major Focus for SEC Enforcement Actions?
” (Nov. 30, 2017). One effective measure that chief compliance officers can take at the start of this calendar year is to create or update a compliance calendar that tracks regulatory filing deadlines, code of ethics reporting requirements and other relevant compliance tasks and responsibilities. This third installment of the Hedge Fund Law Report’s quarterly compliance update, authored by Danielle Joseph and Manny Halberstam, director and senior compliance analyst, respectively, at ACA Compliance Group, aims to assist advisers with ensuring that their 2018 compliance calendars are current by highlighting regulatory filings and code of ethics reports that must be completed during the first quarter of 2018. In addition to addressing these first-quarter deadlines, this article discusses the treatment of virtual currency tokens held by employees for purposes of code of ethics reporting, along with the SEC’s growing use of data surveillance and analytics as part of its examination process. For additional guidance on the reporting obligations of advisers, see “Steps an Exempt Reporting Adviser Must Take to Transition to SEC Registered Investment Adviser Status: Regulatory Filings, Updates to Fund Documents and Preparation for SEC Examination (Part Three of Three)
” (Oct. 19, 2017); and “Marketing and Reporting Considerations for Emerging Hedge Fund Managers
” (Jun. 16, 2016).