Global Private Equity Watch - Feed https://privateequity.weil.com/contributor/john-bradshaw/ Fri, 22 May 2026 16:31:29 +0000 hourly 1 SEC’s Division of Examinations Announces 2024 Examination Priorities for Private Fund Sponsors https://privateequity.weil.com/features/secs-division-of-examinations-announces-2024-examination-priorities-for-private-fund-sponsors/ Thu, 19 Oct 2023 16:20:00 +0000 David E. Wohl John Bradshaw https://privateequity.weil.com/?p=9719 On October 16, 2023, the SEC’s Division of Examinations (“Division” or “EXAMS”) issued its examination priorities for 2024.[1] The publication details the key examination topics and risks that the Division intends to prioritize in the next year. The Division highlighted the following areas of examination focus relevant to investment advisers: Duty of Care and Loyalty: […]

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]]> SEC Settles Charges Regarding Adviser’s Violation of Whistleblower Protection Rules https://privateequity.weil.com/features/sec-settles-charges-regarding-advisers-violation-of-whistleblower-protection-rules/ Wed, 04 Oct 2023 14:23:14 +0000 David E. Wohl John Bradshaw https://privateequity.weil.com/?p=9665 On September 29, 2023, the SEC settled[1] charges against an investment adviser in connection with the adviser’s violations of Rule 21F-17 under the Securities Exchange Act of 1934 (“Whistleblower Protection Rules”). As part of the settlement, the adviser agreed to pay a $10 million penalty. Adopted by the SEC in 2011 pursuant to the Dodd-Frank […]

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]]> SEC Issues Risk Alert on Adviser Examination Process and Settles Charges Regarding Advisers’ Marketing Rule Violations https://privateequity.weil.com/features/sec-issues-risk-alert-on-adviser-examination-process-and-settles-charges-regarding-advisers-marketing-rule-violations/ Tue, 12 Sep 2023 17:30:55 +0000 David E. Wohl John Bradshaw https://privateequity.weil.com/?p=9647 Exam Risk Alert On September 6, 2023, the SEC’s Division of Examinations (Division) issued a risk alert outlining its risk-based approach to selecting advisers for examination and determining focus areas of such examinations. The risk alert can be found here. With respect to adviser selection, the alert notes the Division’s focus on: (i) prior examination […]

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]]> SEC Settles Separate Charges Regarding Private Equity Firm’s Inadequate Disclosure of Fee Payments to an Affiliate and Advisers’ Failure to Comply with Custody Rule https://privateequity.weil.com/features/sec-settles-separate-charges-regarding-private-equity-firms-inadequate-disclosure-of-fee-payments-to-an-affiliate-and-advisers-failure-to-comply-with-custody-rule/ Thu, 07 Sep 2023 20:31:25 +0000 David E. Wohl John Bradshaw https://privateequity.weil.com/?p=9638 On September 5, 2023, the SEC announced settlements related to separate charges against (i) a real estate focused private equity firm (“Firm”) for failing to adequately disclose to investors millions of dollars of real estate brokerage fees that were paid to an affiliate, and (ii) a group of investment advisers for failing to comply with […]

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]]> SEC Adopts Significant New Rules Regarding the Regulation of Private Fund Advisers https://privateequity.weil.com/features/sec-adopts-significant-new-rules-regarding-the-regulation-of-private-fund-advisers/ Thu, 24 Aug 2023 15:48:05 +0000 David E. Wohl John Bradshaw https://privateequity.weil.com/?p=9624 On August 23, 2023, the SEC adopted new rules under the Investment Advisers Act of 1940 (the Advisers Act) that significantly increase the regulation of private fund advisers.[1]  As previewed by the SEC’s original February 2022 proposal, the final rules establish a more prescriptive, rules-based regulatory regime for private fund advisers designed to protect investors […]

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]]> On August 23, 2023, the SEC adopted new rules under the Investment Advisers Act of 1940 (the Advisers Act) that significantly increase the regulation of private fund advisers.[1]  As previewed by the SEC’s original February 2022 proposal, the final rules establish a more prescriptive, rules-based regulatory regime for private fund advisers designed to protect investors […]

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]]> Application of FinCEN’s Final Rule Regarding the Corporate Transparency Act’s Beneficial Ownership Reporting Requirements to Investment Advisers and Private Funds https://privateequity.weil.com/whats-new-on-the-watch/application-of-fincens-final-rule-regarding-the-corporate-transparency-acts-beneficial-ownership-reporting-requirements-to-investment-advisers-and-private-funds/ Mon, 21 Aug 2023 16:39:58 +0000 Patrick Wildes Andrew I. Chizzik David E. Wohl John Bradshaw Stephen Filocoma https://privateequity.weil.com/?p=9618 The Financial Crimes Enforcement Network’s (“FinCEN”)[1] final rule implementing the beneficial ownership information (“BOI”) reporting requirements under the Corporate Transparency Act (“CTA”) became effective on January 1, 2024 (“Effective Date”).[2] The final rule requires certain U.S. domestic and foreign companies (“Reporting Companies”) to report BOI to FinCEN with respect to (i) any natural persons who […]

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]]> SEC Settles Enforcement Action Regarding Investment Adviser’s Improper Application and Disclosure of Permanent Impairment Policy https://privateequity.weil.com/features/sec-settles-enforcement-action-regarding-investment-advisers-improper-application-and-disclosure-of-permanent-impairment-policy/ Mon, 26 Jun 2023 14:14:12 +0000 David E. Wohl John Bradshaw https://privateequity.weil.com/?p=9506 On June 20, 2023, the SEC settled[1] charges against an investment adviser to private funds in connection with the adviser’s (i) charging excess management fees due to inaccurate application of its permanent impairment policy and (ii) failing to disclose a conflict of interest to investors relating to such policy and its fee calculations.  The SEC’s […]

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]]> SEC Issues Risk Alert on Broadened Focus for Marketing Rule Examinations https://privateequity.weil.com/features/sec-issues-risk-alert-on-broadened-focus-for-marketing-rule-examinations/ Mon, 12 Jun 2023 19:36:05 +0000 David E. Wohl John Bradshaw https://privateequity.weil.com/?p=9484 On June 8, 2023, the SEC’s Division of Examinations (Division) issued a risk alert[1] outlining its broadened areas of focus for examinations of registered investment advisers concerning amended Rule 206(4)-1 (Marketing Rule) under the Investment Advisers Act of 1940 (Advisers Act). Specifically, the alert noted that the Division is conducting focused examinations, as well as […]

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]]> SEC Adopts Amendments to Form PF https://privateequity.weil.com/features/sec-adopts-amendments-to-form-pf/ Tue, 09 May 2023 12:51:16 +0000 David E. Wohl John Bradshaw https://privateequity.weil.com/?p=9399 On May 3, 2023, the SEC adopted significant amendments to Form PF, the confidential reporting form completed by registered private fund advisers for use by the SEC and the Financial Stability Oversight Council (the FSOC) to monitor systemic risks to the US financial system.[1] The amendments will affect private fund advisers in three key ways: […]

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]]> SEC Proposes New Investment Adviser Safeguarding Rule to Enhance Protections of Advisory Client Assets https://privateequity.weil.com/features/sec-proposes-new-investment-adviser-safeguarding-rule-to-enhance-protections-of-advisory-client-assets/ Fri, 17 Feb 2023 16:59:39 +0000 David E. Wohl John Bradshaw https://privateequity.weil.com/?p=9344 On February 15, 2023, the SEC proposed to amend and redesignate Rule 206(4)-2 (“Custody Rule”) under the Investment Advisers Act of 1940 (“Advisers Act”) to enhance investor protections relating to client assets of registered investment advisers.[1] Specifically, the proposal would: (i) expand the Custody Rule to cover a broader array of client assets and advisory […]

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