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Houlihan Capital

The SEC’s Division of Examinations Announces 2023 Exam Priorities

The SEC’s Division of Examinations (the “DOE”) has announced its 2023 examination priorities. The annual report provides insights into the Division’s risk-based approach, including the areas it believes present potential risks to investors and the integrity of U.S. capital markets. Valuation was discussed in the following sections: Investment Company Act Fair Valuation Rule 2a-5 The […]

409A Valuation – The Key to Protecting Your Fund’s Earnings

Our friends at Richey May reached out to discuss valuable insights on 409A valuations – what they are, when they are needed and more. What is a 409A Valuation? 26 U.S. Code § 409A (“IRC 409A”) is a tax rule that applies to companies offering “nonqualified deferred compensation,” which is compensation paid/received in a later […]

SPACs – Proposed New Rules by the SEC

The SEC recently proposed new rules and amendments intended to enhance investor protections in initial public offerings by special purpose acquisition companies (“SPACs”) and in subsequent business combination transactions between SPACs and private operating companies. If adopted, the rules would impact SPACs in a variety of important ways. Below we summarize and comment upon the […]

SEC Actions: Fund Investment “Mispricing” & “Mismarking” Cases 2022

Overview: The SEC’s Division of Examinations (“DOE”), formerly known as the Office of Compliance Inspections and Examinations (“OCIE”), has continued to increase focus on valuation practices for investment advisor and investment company examinations. As discussed in recent Risk Alerts posted by DOE, best practices and procedures that can help meet greater SEC regulation and scrutiny […]