Forum News Feed

June 1, 2023

In May, the House Financial Services Committee advanced six bills, of which four bills received bipartisan support. Of interest to directors of closed-end funds, the “Increasing Investor Opportunities Act,” (H.R. 2627) was advanced by a vote of 37-11.

May 31, 2023

Recently, the Securities and Exchange Commission released a Risk Alert highlighting observations from recent exams of investment advisers and investment companies on LIBOR transition-related risks. The Risk Alert notes that “[f]irms have made significant efforts to prepare for the transition away from LIBOR” and encourages all firms to consider the preparation and resources needed as the transition away from U.S. Dollar LIBOR approaches on June 30.

May 30, 2023

Jay Baris, a partner in Sidley Austin’s New York office has started highlighting important background and developments in the registered fund space with his podcast “Mutual Fund Minute.”

May 25, 2023

SEC Chair Gary Gensler delivered remarks entitled “Lessons from Mrs. O’Leary’s Cow” which focused on risk in the financial markets and the role the Commission plays in supporting resiliency. He noted the Commission is focused on encouraging resiliency among financial system intermediaries (such as stock exchanges, clearinghouses, broker-dealers, investment advisers, and transfer agents), Treasury market reforms, central clearing and the settlement cycle, private funds, money market and open-end funds, and cybersecurity.

May 24, 2023

According to a press release from the Attorney General’s office, the bill would “require independent public audits of cryptocurrency exchanges and prevent individuals from owning the same companies, such as brokerages and tokens, to stop conflicts of interest.” Additionally, the bill creates new regulatory responsibilities for crypto platforms, imposes prospectus and listing requirements, requires digital asset brokers to obtain and maintain custody of the digital assets, and strengthens the regulatory authority of the New York State Department of Financial Services to oversee the digital asset space.

May 23, 2023

Beginning on Thursday, May 25 and running through August, Ropes & Gray will host a series of webinars focused on the intersection of ESG policy and asset management. Program topics will touch on ESG and mutual fund directors, ESG considerations during the fundraising process for private funds, SFDR and other European considerations, the differences between the US and Europe and greenwashing.

May 22, 2023

Tomorrow, ACA plans to host a webinar entitled “Managing the Cyber and Compliance Risks of ChatGPT and Other Large Language Models.” The program will focus on the impact the advancement of Large Language Models (LLMs) such as ChatGPT and OpenAI have on entity operation.

May 18, 2023

Ernst & Young plans to host a webinar entitled, “How boards can enhance resiliency through effective risk oversight.” The webinar will cover the current risk environment and discuss how boards can promote resiliency by helping anticipate, prepare for, and respond to a changing environment as a governance priority.

May 17, 2023

Stradley Ronon’s Fintech Practice Group Chair and Derivatives & Commodities Group Co-Chair Susan Gault-Brown recently authored an article published in The Review of Securities & Commodities Regulation. In the article, Gault-Brown offers a framework to interested individuals and fund sponsors that may respond to the SEC staff’s requested feedback on whether a registered fund investing in digital assets could satisfy the 1940 Act’s custody requirements.

May 16, 2023

Tomorrow, Management Practice Inc. (MPI) will present the findings from the most recent "Survey of Mutual Fund Director/Trustee Compensation and Organizational Practices" survey. The report and program will provide aggregate compensation data received through confidential questionnaires, as well as SEC filings submitted by all fund industry complexes.

May 15, 2023

The House Financial Services Committee advanced 15 legislative measures, many on a bipartisan basis. The bills touched on the definition of an accredited investor, disclosure of financial statements by smaller companies, capital formation, and initial public offerings (IPOs), among others. Committee Chairman Patrick McHenry (R-NC) noted in his opening that many of the bills being considered are bipartisan and that “I look forward to moving those to the floor immediately.”

May 11, 2023

The authors of a recent study “Does Board Size Matter” explore whether board size impacts effectiveness and decision-making. The study found “robust evidence that forcing firms to have large boards is detrimental.” The authors explore several explanations for this including, frictions in decision-making, free-riding, coordination problems, and other possible factors.

May 10, 2023

The “Board of Directors Insights Hub” features multiple resources for directors including a new report, panel discussion, and other resources to help boards navigate the cybersecurity space. Also included is a recent report titled, “Perspectives on Security for the Board” covers responsibilities in cyber risk oversight, guidance on how Boards should navigate the cyber threat landscape, and suggestions on how boards should engage on emerging issues surrounding artificial intelligence (AI) and cybersecurity.

May 9, 2023

Management Practice Inc. (MPI) is pleased to announce the 18th annual MPI Survey of Mutual Fund Chief Compliance Officer Compensation and Organizational Practices. MPI plans to complete the report in June, and has set a deadline of May 19, 2023 for all submissions.

May 8, 2023

The Securities and Exchange Commission announced charges against Pinnacle Advisors LLC for “aiding and abetting Liquidity Rule violations by a mutual fund it advised and whose Liquidity Risk Management Program it administered.” In addition, the Commission charged the fund’s two independent trustees and two officers with aiding and abetting Liquidity Rule violations.

May 4, 2023

In the article, “Rethinking bank oversight in the wake of recent banking turmoil” the authors' note that societal changes have changed the pace (such as the impact of social media and instant news) of banking and the regulatory framework has not kept up. The article highlights four recommendations federal regulators should consider in order to keep up with the evolving banking sector.

May 3, 2023

The SEC’s Division of Investment Management recently updated an agenda for the Division's inaugural program entitled, “Conference on Emerging Trends in Asset Management.” Panels will touch on corporate governance, investment complexity, private funds, fund trends, and investment innovation.

May 2, 2023

The Ropes & Gray series focuses on the legal and regulatory developments in the world of data, privacy, and cybersecurity. This episode specifically focuses on tracking cyber criminals in the cryptocurrency space through blockchain technology and the responsibility of reporting breaches.

May 1, 2023

The Financial Stability Oversight Council (FSOC) proposed new rules to assess financial stability risks and amend how non-bank institutions are designated as systemically important. The first proposal would create an analytic framework for financial stability risks, specifically “how the Council identifies, assesses, and addresses potential risks to financial stability, regardless of whether the risk stems from activities or firms.” The second proposal includes “interpretative guidance” on procedures for designating non-bank financial companies which would fall under Federal Reserve supervision and enhanced prudential standards. The comment period for the proposals will be open for 60 days following their publication in the Federal Register.

April 27, 2023

Deloitte recently released a digest for mutual fund directors and investment advisers covering the oversight of alternative investment products. The digest notes fund boards may want to pay particular attention to “the valuation of private equities and private credit investments.” Other key considerations for boards specifically include impact of inputs and assumptions to determine valuation, adequacy of resources, potential conflicts for members of the valuation team, and appropriateness of the model employed.