Tr?id=566623520170033&ev=PageView&noscript=1

SEC Introduces Stricter Fee Disclosure Rules for Hedge Funds and Private Equity Firms

Posted on September 13th, 2023 at 1:16 PM
SEC Introduces Stricter Fee Disclosure Rules for Hedge Funds and Private Equity Firms

From the desk of Jim Eccleston at Eccleston Law 

The US Securities and Exchange Commission (SEC) has adopted new rules that will compel hedge funds and private equity firms to provide more transparent information about their fees and impose restrictions on granting special privileges to investors.

Under these rules, private funds must disclose quarterly fees and expenses to investors, and firms cannot enable select investors to cash out more quickly than others unless such opportunities are offered to all fund investors. These measures represent the SEC's latest effort, led by Chair Gary Gensler, to increase oversight of the rapidly expanding multitrillion-dollar industry.

The rule also prohibits funds from imposing fees on investors to cover regulatory investigations and compliance costs unless investors consent to such costs. Additionally, it forbids funds from levying these fees and expenses if the regulatory actions lead to court- or government-imposed sanctions.

Notably, the SEC intends to eliminate a provision that simplifies the process for investors to sue fund managers in case of investment losses. However, some fundamental aspects of the rule remain intact. To address conflicts of interest, the SEC will prevent private funds from burdening one group of investors with an excessive share of fees beyond what is fair unless this practice is disclosed. If firms arrange a secondary deal to allow investors to cash out and transfer older positions from one fund to another, they must engage an independent auditor to ensure that investors receive equitable treatment.

According to AdvisorHub, industry groups have criticized the SEC for exceeding its authority under Gensler's leadership. The Managed Funds Association warned its members that it might initiate legal action against the regulator within two weeks of the finalization of the new regulations unless they are substantially softened from what the agency proposed in February 2022.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

I am so glad I found you! Wow! I appreciate your help, concern and guidance.

RB

LATEST NEWS AND ARTICLES

1793380402 Law
October 30, 2026
Former LPL Broker Faces Federal Charges in Alleged $11 Million Ponzi Scheme

Federal prosecutors accuse former LPL Financial broker William B.

1793294906 Law
October 29, 2026
FINRA Bars Former LPL Financial Broker for Refusing to Cooperate With Investigation

?The Financial Industry Regulatory Authority (FINRA?) barred Buddy Dean Mason, a former LPL Financial broker in Lakeland, Florida, after he refused to provide documents and information during an investigation into a customer complaint involving an alleged outside investment.

1793209405 Law
October 28, 2026
FINRA Panel Orders Kingswood Capital Partners and Executives to Pay Former Advisor $11.3 Million

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered Kingswood Capital Partners LLC, CEO Michael Nessim, and Chief Compliance Officer Mohamed Alsoraimi to pay former advisor Rikin Patel $11,341,369.25.