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

I learned two important things working with Eccleston Law. First, I made a friend and ally with Jim and Steph for life. Secondly, and this is a crucial life lesson - if you need counsel, then seek out the very best. Jim was referred to me by a most trusted source. I've never had to hire an attorney for anything. Now, I know the value of hiring an important partner. Meticulous, thorough and detailed in preparation is the best way to describe Jim. Brilliant too, I might add. Bottom line, I would highly highly recommend Jim and Stephany for your legal needs. One of the best life decisions I've ever made.

Howard S.

LATEST NEWS AND ARTICLES

February 19, 2026
Wall Street Journal Analysis Questions Investor Gains Following DuPont's Decade-Long Breakup

A Wall Street Journal analysis has raised questions about investor returns following DuPont’s multi-year corporate restructuring, which divided the historic conglomerate into multiple independent companies.

February 18, 2026
American Portfolios Ordered to Pay $4.6 Million in Restitution Over Cash Sweep Program Disclosures

The Financial Industry Regulatory Authority (FINRA) has ordered American Portfolios Financial Services to return $4.6 million to customers and pay monetary sanctions after determining that the firm overcharged investors and failed to properly disclose how it generated revenue through a cash sweep program.

February 17, 2026
FINRA Fines Kingswood Capital Partners $150,000 for Supervisory Failures in GWG L Bond Sales

The Financial Industry Regulatory Authority (FINRA) censured and fined San Diego–based broker-dealer Kingswood Capital Partners $150,000 after finding supervisory failures tied to sales of high-risk GWG L bonds.