Navigating the SEC Examination Process: Electronic Communications, Dual‑Hatted CCOs and Common Sponsor Mistakes (Part Two of Two)

The PE industry has evolved in recent years, which has introduced a new slew of compliance considerations and difficulties for sponsors to parse. The SEC also continues to scrutinize how sponsors are addressing these developments, including the challenges introduced by new technologies and the additional burdens of enhanced compliance responsibilities. To highlight some of these issues, the Private Equity Law Report recently interviewed Latham & Watkins partner Nabil Sabki about trends in SEC examinations and some of the attendant difficulties PE sponsors are confronting. This second article in a two-part series presents Sabki’s thoughts on record-retention issues caused by the increased use of text messages, Slack and other electronic media for business purposes, as well as the types of queries dual-hatted chief compliance officers can expect in SEC exams. In the first article, Sabki discussed common mistakes by PE sponsors that lead to issues in SEC exams – and potentially even referrals to the Division of Enforcement – as well changes under SEC Chair Jay Clayton. See our two-part interview with Sabki on SEC examination topic trends: “Outside Business Activity Disclosure, Subscription Credit Facility Use and Cybersecurity Policies” (Mar. 19, 2019); and “Minority Stake Transactions, Co‑Invest Conflicts and Other Concerns” (Mar. 26, 2019).

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