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There’s No Doubt - Private Fund Regulation is Here to Stay

According to the U.S. Securities and Exchange Commission’s 2021 Examination Priorities, in the  last five years the number of Registered Investment Advisers the SEC Division of Examinations oversees increased from about 12,000 to more than 13,900, and the assets under management of RIAs increased from approximately $67 trillion to $97 trillion.

Because of the totality of assets managed, RIAs are always going to be a priority for the SEC. Examinations are not going anywhere. The Division has made significant process, staffing and technology updates to keep up with the growth and increase RIA coverage. In 2020, a year where COVID forced a mid-year switch to remote examinations, Division coverage of RIAs was 15%.

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Proposed Rule 10b5-1 Changes Signal Increased MNPI Scrutiny

The U.S. Securities and Exchange Commission has released expected proposed amendments to Rule 10b5-1 to enhance disclosure requirements and investor protections against insider trading.  According to the SEC release, the amendments “aim to address critical gaps in the SEC’s insider trading regime and to help shareholders understand when and how insiders are trading in securities for which they may at times have material nonpublic information.”

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SEC’s Annual Agenda Includes Focus on ESG Disclosures

The U.S. Securities and Exchange Commission (SEC) recently released its Annual Agenda for 2021. The Agenda provides a list of Rules in the Prerule, Proposed, and Final stages and offers a snapshot of the SEC’s long and short term regulatory priorities.

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