SEC Chief Counsel Advises on Exemptive Applications and Requests for No‑Action Relief

The SEC promotes transparency by publicizing its priorities and areas of focus, as well as by showing an increasing willingness to engage on issues with interested parties. This more-collaborative approach was reflected in a recent speech by Paul Cellupica, Deputy Director and Chief Counsel for the SEC’s Division of Investment Management (IM), at the Practising Law Institute. Cellupica acknowledged that there is a lack of visibility into the full range of the important work carried out by SEC staff. To help address that, he provided an overview of the IM’s Chief Counsel’s Office (Office); offered tips for engaging with the Office on exemptive applications or requests for no-action relief; and discussed the Office’s current review of past staff statements and guidance. Finally, Cellupica highlighted two current areas of focus for the Office: international engagement and board outreach. This article highlights these key points from his remarks. For coverage of other SEC speeches, see “The Power of ‘No’: SEC Commissioner Peirce on Enforcement As Last Resort” (Jun. 21, 2018); “SEC’s Reg Flex Agenda Promotes Transparency While Adding Potential Compliance Burdens” (Mar. 15, 2018); and “SEC Chair Outlines Approach to Dodd-Frank Rulemaking and Expectations for Fund ‘Gatekeepers’” (Feb. 15, 2018).

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