SEC CORNER

SEC PROPOSES MORE OVERSIGHT ON HEDGE FUNDS AND PRIVATE INVESTMENT FUNDS

In an ongoing effort by the U.S. Securities and Exchange Commission (“SEC”) to provide more oversight for hedge funds and other fund advisors with respect to financial data disclosure, the SEC recently proposed increasing reporting requirements. SEC Chairman Gary Gensler agreed with supporters of the proposal that regulations need updating because the private funds market has become more complex in both asset value and types of investments being made. 

Under the proposed updates to a Dodd-Frank-era regulatory scheme, SEC registered investment advisers will be required to disclose certain risks associated with private funds, including hedge funds, private equity funds, and liquidity funds. 
 
To ensure the integrity of the financial market and protect investors, the proposal will expand the requirements for reporting borrowing and financing arrangements by large hedge funds with assets over $500 million, and include additional information about investment exposure, market effects, and investment performance. It will require advisers to disclose investment strategies related to cryptocurrency, real estate, and litigation funding. Investment advisers will be required to report additional information regarding the value of their assets as well as to provide further information about themselves and their private funds, thereby enhancing the SEC’s ability to monitor systemic risk.
 
Proponents of the proposal, aware of the growth of the hedge fund industry, feel the proposal will assist the SEC’s visibility of investors. Detractors voiced concerns that new investors into the market would shy away, reluctant to bear the regulatory costs, leaving the large fund advisors to rule the market.  
 

August 2022 Noteworthy Enforcement Actions Filed

Director/Officer

Role

Company

Christopher Doubek

CEO

Alpine Securities Corporation

Joseph Walsh

COO

Alpine Securities Corporation

August 2022 Noteworthy Settlements and Judgments 

Amount

Director/Officer

Role

Company

$2,000,000.00 

Brian Hutchinson

CEO

Surgalin Holdings, Inc.

$431,216.00

Ronald D. Paul

CEO

Eagle Bancorp, Inc.

Source: U.S. Securities and Exchange Commission