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

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
Quotes Bigger

I am so blessed to have you and your dynamic team defending me. Your ethics, forward thinking and strategies are amazing.  You guys are the best group of attorneys in the country that I could hire to handle this complicated case.

Cindy C.

LATEST NEWS AND ARTICLES

1784905692 Law
July 24, 2026
Independent Review Recommends Sweeping Changes to FINRA's Enforcement Program

An independent review commissioned by the Financial Industry Regulatory Authority (FINRA) recommends significant changes to the regulator's enforcement program, including adopting a statute of limitations, expanding due process protections, and providing greater credit to firms that cooperate during investigations, according to AdvisorHub.

1784829196 Law
July 23, 2026
Cresset Sues Former Advisor Over Alleged Client Solicitation and Competing RIA Launch

Cresset Capital Management has filed a lawsuit in Illinois state court against a former advisor, alleging that he began building a competing registered investment advisory firm and soliciting clients while still employed by the Chicago-based wealth management firm.

1784733625 Law
July 22, 2026
Barred Oregon Financial Advisor Pleads Guilty to $1.6 Million Investment Fraud

A former Oregon financial advisor has pleaded guilty to fraud after admitting to a long-running scheme that caused investors to lose more than $1.6 million.