ARTICLE
29 August 2023

SEC's New Private Fund Rules Divide Industry Players

MF
Morrison & Foerster LLP

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Known for providing cutting-edge legal advice on matters that are redefining industries, Morrison & Foerster has 17 offices located in the United States, Asia, and Europe. Our clients include Fortune 100 companies, leading tech and life sciences companies, and some of the largest financial institutions. We also represent investment funds and startups.
Kelley Howes spoke to Buyouts about the U.S. Securities and Exchange Commission's (SEC) new private fund rules, which have been described as the most sweeping new regulations for private funds since...
United States Finance and Banking
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Kelley Howes spoke to Buyouts about the U.S. Securities and Exchange Commission's (SEC) new private fund rules, which have been described as the most sweeping new regulations for private funds since the passage of the Dodd-Frank Act – even after the SEC significantly mitigated much of its original proposals.

According to Kelley, fund managers will need to devote much more money and time for the new compliance requirements.

"These things cost money," Kelley said. "It's going to increase the number of staff members involved in compliance. It's going to need more integration of custodial and administrative systems. A lot of smaller shops don't have these systems, and that increases risks since you're relying on humans using an Excel spreadsheet."

Ultimately, the increased compliance costs will be paid for by LPs [limited partners], the constituency the SEC looks to protect through its new rules, Kelley added. "It all comes back to the questions if this is worth it, because everyone's expenses just went up."

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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