The Regulatory Roundtable Podcast
ACA Group and Simpson Thacher invite you to our new podcast series, The Regulatory Roundtable, a quarterly podcast offering insight from leading regulatory and enforcement lawyers and compliance specialists. Each episode will feature leading attorneys and compliance specialists with deep knowledge of the funds regulatory landscape who will explore today’s most complex regulatory and compliance issues. We look forward to having you join us at the table.
Episode three
Tune in as Simpson Thacher Partners David Blass, Meaghan Kelly, and Owen Lysak discuss the emergence of new ESMA marketing guidelines; compliance with the SEC’s new marketing rule coming into effect November 4, 2022; and key takeaways of interest for sponsors operating in the EU and the U.S.
Episode two
This episode focuses on the SEC’s February 9th proposed rules targeting private equity and private funds; the SEC’s January 26th proposed amendments to Form PF; and the Division of Examinations risk alert published January 27th.
Featured Speakers
- David W. Blass, Simpson Thacher
Partner; formerly served as General Counsel of the Investment Company Institute and also held senior roles for over a decade at the SEC - Meaghan Kelly, Simpson Thacher
Partner; specializes in advising fund managers with respect to SEC examinations, compliance and disclosure questions, and SEC enforcement investigations - Michael J. Osnato, Jr., Simpson Thacher
Partner and Head of the Firm’s Funds Regulatory and Investigations group; former Chief of the SEC’s Complex Financial Instruments Unit - Robert Ingwer, ACA Group
Principal Consultant, ACA Group; compliance executive offering over 10 years’ experience building, supporting and leading advisory businesses in both private equity and fixed income
Additional Resources
- SEC Proposes Sweeping Changes Affecting Private Fund Managers
- SEC’s Examination Division Shares Observations Relating to Common Deficiencies Uncovered in Private Fund Manager Examinations
- SEC Proposes Rule Amendments to Modernize Beneficial Ownership Reporting
- SEC Proposes Amendments to Private Fund Reporting
Browse all ACA Compliance Insights and Alerts here
Episode one
This inaugural episode focuses on the SEC’s priorities relating to private funds, including SEC Chair Gary Gensler’s recent speech at the ILPA Summit; emerging exam trends including document production, deficiency letters and MNPI concerns; and changes to the exam referral process over the last two years.
Featured Speakers
- Marc P. Berger, Simpson Thacher
Partner; former Acting Director and Deputy Director of the SEC’s Enforcement Division and Director of the SEC’s New York Office; former Chief of the Securities and Commodities Fraud Task Force, U.S. Attorney’s Office, SDNY - Allison Scher Bernbach, Simpson Thacher
Senior Counsel, Private Funds; former private equity Chief Compliance Officer; over 20 years of regulatory compliance experience - Michael J. Osnato, Jr., Simpson Thacher
Partner and Head of the Firm’s Funds Regulatory and Investigations group; former Chief of the SEC’s Complex Financial Instruments Unit - Robert Ingwer, ACA Group
Principal Consultant, ACA Group; compliance executive offering over 10 years’ experience building, supporting and leading advisory businesses in both private equity and fixed income
Listen to the trailer
About The Regulatory Roundtable
With increased regulatory scrutiny from the SEC and other agencies, staying on top of regulatory trends has never been more important. This podcast will take you behind the scenes on important policy, exam and enforcement issues affecting funds and the asset management industry.
Listen now on your favorite podcasting app and subscribe for new episodes
To hear about future episodes, be sure to follow the show in your favorite podcast app or subscribe to receive email updates here.
Have a topic or a question you would like to hear covered?
Submit your questions here or contact our podcast team at regulatoryroundtable@stblaw.com.
Additional Resources
ACA’s Top 10 Blog Posts of 2020 So Far
As summer winds down and we gear up for a busy fall we thought we’d take a moment to look back at the most popular ACA articles so far this year.
- Compliance
FCA Reminds Firms of their New Conduct Rules Reporting Obligations under SM&CR
The FCA recently added a webpage reminding solo-regulated firms of their obligation to report breaches of its conduct rules (and ensuing disciplinary action) as required under the Senior Managers and Certification Regime (SM&CR).
- Compliance
Public, Private or ‘Private Private’: Do you have the right information barriers?
Throughout the lockdown, the FCA and SEC have voiced thier expectation that private information is handled appropriately and that firms maintain adequate and appropriate information barriers. Firms should revisit what is considered “private” information and how that can get a little grey and nuanced in the private markets sector.
- Compliance
New Guidance for Characterizing Certain Broker-Dealers Under the SEC’s Customer Protection Rule
The SEC and FINRA issued updated guidance on the characterization of U.S. broker-dealers under the Customer Protection Rule. This new guidance states that Non-Covered Firms that solely engage in Non-Covered Firm activities are no longer subject to any Rule 15c3-3 requirements.
- Compliance
SEC OCIE Issues Risk Alert on COVID-19-Related Compliance Risks and Issues
The U.S. Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) has issued a risk alert on the COVID-19-related risks, issues, and challenges faced by SEC-registered investment advisers and broker-dealers, including those resulting from the widespread use of telecommuting practices and pandemic-related market volatility.
- Compliance
- BCP
- COVID-19
FINRA Guidance for Retail Communications Concerning Private Placement Offerings
FINRA issued Regulatory Notice 20-21 on July 1, 2020 providing guidance for complying with FINRA Rule 2210 “when creating, reviewing, approving, distributing, or using” retail communications concerning private placement offerings.
- Compliance