Six Essential Regulatory Examination Articles for Private Fund Managers

According to the SEC’s Fiscal Year (FY) 2019 “Congressional Budget Justification Annual Performance Plan,” the SEC’s Office of Compliance Inspections and Examinations (OCIE) conducted 2,114 investment adviser examinations in FY 2017 and an estimated 2,120 examinations in FY 2018. For FY 2019, OCIE is requesting resources to conduct 2,160 investment adviser examinations – a nearly 2-percent increase year-over-year. In its “2018 National Exam Program Examination Priorities,” OCIE signaled that its critical priority areas include (1) the protection of retail investors; (2) compliance and risks in critical market infrastructure; (3) a focus on the Financial Industry Regulatory Authority and the Municipal Securities Rulemaking Board; (4) cybersecurity; and (5) anti-money laundering. See “Retail Investors Top List of OCIE 2018 Exam Priorities” (Mar. 8, 2018). In light of this, the Hedge Fund Law Report is highlighting six articles from its historical archives that provide guidance on regulatory examination issues facing private fund managers. Next week (the week starting May 28, 2018), the HFLR will resume its normal weekly publication.

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