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SEC Division of Examinations Announces its Examination Priorities for 2021

By Robert E. Plaze, Stephen T. Mears, Joshua M. Newville, Anthony M. Drenzek & Benjamin Catalano on March 16, 2021
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On March 3, 2021, the SEC’s Division of Examinations announced its examination priorities for 2021. Compared to last year, this year’s edition contains an expanded section specifically addressed to private funds. For private fund managers, the exam staff states that it will target a list of issues, including:

  • Preferential treatment of certain investors by advisers to private funds that have experienced issues with liquidity, including imposing gates or suspensions on fund withdrawals;
  • Portfolio valuations and the resulting impact on management fees;
  • Adequacy of disclosure and compliance relating to cross trades, principal investments, or distressed sales;
  • Conflicts around liquidity, such as adviser led fund restructurings or stapled secondary transactions;
  • Risks surrounding non-performing loans and defaults for funds that have a higher concentration of structured products, such as collateralized loan obligations and mortgage backed securities;
  • The impact of recent economic conditions on portfolio companies owned by private funds (e.g., real estate related investments).

Read the full client alert here.

Photo of Stephen T. Mears Stephen T. Mears

Stephen T. Mears is a partner in the Corporate Department and co-head of the Private Funds Group. He concentrates on private investment funds, including venture capital, growth equity and buyout funds. He represents fund sponsors in all aspects of fund formation, operation and…

Stephen T. Mears is a partner in the Corporate Department and co-head of the Private Funds Group. He concentrates on private investment funds, including venture capital, growth equity and buyout funds. He represents fund sponsors in all aspects of fund formation, operation and management, including fund structuring, portfolio investments, sales and distributions, internal governance and management, regulatory compliance and ongoing maintenance and administration. Stephen also represents institutional investors in connection with their participation in private investment funds.

Stephen has recently represented sponsors in raising funds ranging in size from under $100 million to over $2.5 billion.

Read more about Stephen T. MearsEmail
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Photo of Joshua M. Newville Joshua M. Newville

Joshua M. Newville is a partner in the Litigation Department and a member of Proskauer’s White Collar Defense & Investigations Group and the Asset Management Litigation team.

Josh handles securities litigation, enforcement and regulatory matters, representing corporations and senior executives in civil and…

Joshua M. Newville is a partner in the Litigation Department and a member of Proskauer’s White Collar Defense & Investigations Group and the Asset Management Litigation team.

Josh handles securities litigation, enforcement and regulatory matters, representing corporations and senior executives in civil and criminal investigations. In addition, Josh advises registered investment advisers and private fund managers on regulatory compliance, SEC exams, MNPI/insider trading and related risks.

Before joining Proskauer, Josh was senior counsel in the U.S. Securities and Exchange Commission’s Division of Enforcement, where he investigated and prosecuted violations of the federal securities laws. Josh served in the Enforcement Division’s Asset Management Unit, a specialized unit focusing on investment advisers and the asset management industry. His prior experience with the SEC provides a unique perspective to help asset managers manage risk and handle regulatory issues.

Read more about Joshua M. NewvilleEmail
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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    The Capital Commitment
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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