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

You are the best attorneys in the country.

CC

LATEST NEWS AND ARTICLES

1781028252 Law
June 9, 2026
FINRA Arbitration Panel Orders &Partners and Broker to Pay Wells Fargo $1.25 Million

A Financial Industry Regulatory Authority (FINRA) arbitration panel has ordered &Partners and broker David M.

1780940050 Law
June 8, 2026
FINRA Sanctions Oppenheimer for Misclassified Client Statements Involving CMOs

The Financial Industry Regulatory Authority (FINRA) has fined and censured Oppenheimer & Co.

1780676353 Law
June 5, 2026
Redemption Pressure Mounts Across Private Credit and Non-Traded BDC Market

Investors continued pulling money from private credit and nontraded business development companies ("BDCs") during the first quarter of 2026 as concerns about liquidity and portfolio valuations intensified across the sector, according to reporting by InvestmentNews.