Check out our Flash Reports for the latest SEC- and compliance-related news, trends, and insights.
The SEC adopted amendments to Regulation S-P requiring broker-dealers, investment companies, registered investment advisors, and transfer agents to implement and maintain policies and procedures regarding an incident response program that are designed to detect, respond, and recover from unwarranted access or use of client information.
Read MoreAn active phishing campaign using individualized phishing lures is targeting senior corporate accounts in Microsoft Azure environments, according to researchers from Proofpoint, a company that provides cybersecurity products and software.
On February 6, 2024, the SEC updated its Frequently Asked Questions page for the new Marketing Rule. The page now has four questions and four answers, which provide clarity on items such as the compliance date of November 4, 2022, and an adviser’s ability to comply early; the prescribed time period requirement and conditions on the use of interim performance information; presenting performance of one investment or group of investments in a private fund; and calculation of gross and net performance.
On February 8, 2024, the SEC adopted additional amendments to Form PF that build on those adopted in May and July of 2023. The amendments will require SEC-registered advisers to private funds, particularly advisers to hedge funds, to report additional information on Form PF. The amendments’ effective and compliance dates will be one year after their publication in the federal register.
The SEC requires that investment advisers file a form ADV Annual Amendment within 90 days of the end of the adviser’s fiscal year. If your fiscal year ended Dec. 31, you will be required to file an annual amendment to your Form ADV by March 30, 2024.
On August 23, 2023, a divided SEC voted to adopt enhanced regulations of private fund advisers. These included two rules that all investment advisers managing private funds must follow: the Preferential Treatment Rule and the Restricted Activities Rule.
Last year was a busy year for the SEC, and 2024 is expected to be even busier. The New Year is a great time to take a fresh look at your compliance program to make sure you are meeting the most up-to-date best practices, and to ensure you are prepared for regulatory inspection.
As you finalize your goals and planning for 2024, make sure that your cyber and data security program is a key component of your plan. As regulatory requirements continue to change, and as online hackers become even more sophisticated, it is absolutely critical that your cyber and data security programs meet industry best practices.