Securities Law Prof Blog

Editor: Eric C. Chaffee
Univ. of Toledo College of Law

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Tuesday, January 25, 2011

SEC Proposes Private Fund Systemic Risk Reporting Rule

The SEC today proposed a rule to require advisers to hedge funds and other private funds to report information for use by the Financial Stability Oversight Council (FSOC) in monitoring risk to the U.S. financial system.  The proposal creates a new reporting form (Form PF) to be filed periodically by SEC-registered investment advisers who manage one or more private funds. Information reported on Form PF would remain confidential.  The proposed rule would implement Sections 404 and 406 of the Dodd-Frank Act.

Under the proposal, larger private fund advisers managing hedge funds, "liquidity funds" (i.e., unregistered money market funds), and private equity funds would be subject to heightened reporting requirements. Large private fund advisers would include any adviser with $1 billion or more in hedge fund, liquidity fund, or private equity fund assets under management. All other private fund advisers would be regarded as smaller private fund advisers and would not be subject to the heightened reporting requirements.  According to the SEC, this heightened reporting threshold would apply to only about 200 U.S.-based hedge fund advisers, which manage more than 80 percent of the assets under management.

http://lawprofessors.typepad.com/securities/2011/01/sec-proposes-private-fund-systemic-risk-reporting-rule.html

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