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May 24, 2013

SEC to Vote at June 22 Meeting on Whether to Adopt New Rules and Amendments Implementing Private Fund Manager Registration Provisions Under Dodd-Frank

The SEC announced that it will hold an open meeting at 10:00 a.m. on June 22, 2011 to consider whether to adopt certain rules and rule amendments to implement provisions of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank Act"). The proposed rules and rule amendments (i) increase the statutory threshold for investment advisers required to register with the SEC; (ii) require certain advisers to private funds, including hedge funds, to register with the SEC; and (iii) address reporting by certain investment advisers that are exempt from registration. 

The SEC will consider rules implementing new exemptions from registration requirements under the Investment Advisers Act of 1940 (the "Advisers Act"). Specifically, rules implementing new exemptions for advisers with less than $150 million in private fund assets under management in the United States and advisers to venture capital funds. In addition, the rules would clarify specific terms referenced in a new exemption for foreign private advisers.

Lastly, the SEC will consider whether to adopt a rule excluding "family offices" from the definition of "investment advisers" under the Advisers Act.

The SEC meeting announcement can be found here

© 2013 Bracewell & Giuliani LLP

About the Author

Partner

Cheri Hoff is a partner in the firm's Corporate and Securities section. Her practice focuses on providing advice to private investment funds, investors and advisers. Ms. Hoff forms and represents private funds, including hedge funds, private equity funds, funds of funds, and hybrid funds, with diverse strategies and structures. She handles a variety of regulatory and transactional matters for private investment funds and investment advisers. She provides operational, restructuring and related advice to her fund clients. In addition, she advises...

212-508-6175

About the Author

Associate

Josephine Moon's practice focuses on advising private investment firms, corporations and financial institutions on mergers, acquisitions and the sale of corporate assets, private equity investments, financing arrangements, securities law compliance, corporate governance and general corporate matters in public and private takeovers, investments, restructuring and reorganizations in the U.S. and abroad.

212-508-6117

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