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 […]
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 […]
SEC Discusses Valuation in Proposed Rules 2022
On February 9, 2022, the Securities and Exchange Commission (“SEC”) voted to propose new rules and amendments under the Investment Advisers Act of 1940 (Advisers Act) to enhance the regulation of private fund advisers and to protect private fund investors by increasing transparency, competition, and efficiency in the $18-trillion marketplace.(1) The proposed rules would increase […]
The SEC’s Division of Examinations Discusses Valuation in October 2021 Risk Alert
The SEC’s Division of Examinations (the “Division” – formerly known as OCIE) has issued a new Risk Alert (the “Alert”)(1) regarding Observations from Examinations in the Registered Investment Company Initiatives (“RIC Initiatives” or (“Initiatives”)(2). In November 2018, the Division announced the Initiatives which would assess industry practices and regulatory compliance in certain areas that may […]
The SEC’s View on SPAC Warrants
The Securities and Exchange Commission is stepping up scrutiny of special-purpose acquisition companies (“SPACs”). In various statements released over the last few weeks, the SEC has highlighted several financial reporting and governance issues raised by the merger of a SPAC and target company. Most recently, on April 12th, the SEC provided surprising guidance on the […]