When the SEC released proposed private fund reforms (Proposal) in February 2022, it launched an offensive attacking various ways in which the private funds industry currently operates. “In many ways, the Proposal reflects some of the most significant changes we’ve seen in the private funds space since Dodd-Frank, when everybody had to register,” observed Schulte Roth partner Benjamin Kozinn. “There are a lot of details to be unpacked, but as you read the Proposal, you start realizing there’s more than meets the eye in terms of the potential unintended effects of what the SEC is proposing.” The deadline for comments on the Proposal has been extended but is fast approaching. This second article in a three-part series provides general observations on the Proposal and what it says about the SEC’s view of the private funds space. The third article
will lay out specific industry concerns for each of the proposed rules and discuss the next steps for the SEC and private fund managers. The first article
explained the types of funds impacted by the Proposal; provided an overview of the seven rules and rule amendments contained in the Proposal; and discussed the importance of comments on the Proposal by private fund managers. See our two-part series: “SEC’s Proposed Amendments to Form PF and Advisers Act Introduce Uncertainty, Increase Burden on Compliance Staff
” (Mar. 15, 2022); and “Quarterly Reporting Requirements and Prescriptive Prohibited Activities in the SEC’s Proposed Amendments to the Advisers Act
” (Mar. 22, 2022).