Cross Trades And Principal Transactions – Recent SEC Guidance Relevant For CLO Managers

Our Investment Management Alert from earlier this month described to private fund advisers the importance of the Security Exchange Commission’s (SEC’s) Division of Examinations recent Risk Alert on cross trades and principal transactions. That Risk Alert, issued on July 21, 2021, included guidance and warnings based on more than 20 examinations of investment advisers that engaged in cross trades or principal transactions involving fixed income instruments. As SEC-registered advisers, the SEC’s observations and guidance are equally […]

By | August 4th, 2021 ||

SEC Charges 21 Advisers For Form CRS Failures – Impact On Private Fund Managers

On July 26, 2021, 21 investment advisers entered into settlements with the Securities and Exchange Commission to resolve charges that they failed to timely file and deliver their relationship summaries on Form CRS.1 Penalties ranged from $10,000 to $97,523 per firm.

Form CRS, adopted by the SEC on June 5, 2019, is a “relationship summary” that registered investment advisers were initially required to deliver to retail investor clients (and prominently post on their websites) by June […]

By | July 28th, 2021 ||

Rationalizing Lending Authorities

One of Jason’s favorite restaurants is Queen’s English in the Columbia Heights neighborhood of Washington, DC. He patronizes it often enough that the servers don’t need to give him a menu; he is committed to consume whatever dishes chef Henji Cheung and his wife Sarah Thompson, who commands the front of the house, send his way.

The dining room accommodates fewer than 40 guests at a time, and Henji often orders ingredients with his regulars […]

By | July 20th, 2021 ||