SEC Releases Statement On Private Fund Advisors Proposal

Posted on February 17th, 2022 at 12:10 PM
SEC Releases Statement On Private Fund Advisors Proposal

From the Desk of Jim Eccleston at Eccleston Law:

The Securities and Exchange Commission (SEC) is proposing to amend the Investment Advisors Act to improve the efficiency, competition, and transparency of the activities of private funds’ advisors, according to SEC chairman Gary Gensler.


Gensler supports the proposal because it seeks to help investors in private funds while also aiding companies that raise capital from those funds. Private funds currently oversee $18 trillion in gross assets, continue to grow in size, complexity and number.


First, the proposal would serve to increase transparency and promote the disclosure of fee structures, expenses and performance metrics. Second, the proposal would restrict private fund advisors from participating in certain activities that fail to adhere to public interest and the protection of clients. For instance, the proposal would prohibit seeking reimbursement, indemnification, or limitation of its liability for specific activities, including a breach of fiduciary duty in providing services to the private fund.


The proposal also would restrict preferential treatment unless disclosed to potential and existing investors. The amendments additionally would require an annual audit of private funds, which would be provided to the funds’ investors. Finally, the proposal would mandate that private fund advisors obtain a fairness opinion from an independent organization in connection with a specific type of transaction where the advisor may profit at the expense of the private fund investor. According to Gensler, this amendment would serve as a check against an advisor’s conflicts of interest in designing those types of secondary transactions.


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

 
 

Tags: eccleston, eccleston law, SEC

Return to Archive

TESTIMONIALS

Previous
Next

You were most helpful with my FINRA deposition. You are a good lawyer and a good person.

Dan B.

LATEST NEWS AND ARTICLES

March 2, 2026
FINRA Suspends Cetera Broker for Accepting $50,000 Client Bequest Without Firm Approval

The Financial Industry Regulatory Authority (FINRA) imposed a $10,000 fine and a seven-month suspension on an independent broker for accepting a $50,000 bequest from a client without obtaining prior firm approval.

February 27, 2026
Eighth Circuit Rejects Emergency Injunction in Advisor Departure Dispute

A federal appeals court ruled against an advisory firm seeking immediate, injunctive relief after a team of advisors left with hundreds of millions in client assets.

February 26, 2026
FINRA Bars Former Cambridge Advisor After Refusal to Cooperate With Communications Probe

A former advisor affiliated with Cambridge Investment Research has been barred from the securities industry after declining to comply with a regulatory investigation, according to the Financial Industry Regulatory Authority (FINRA).