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Insights and alerts related to the SEC's new Marketing Rule

Guidance and insights on regulatory proposals, enforcements, and risk alerts

Regulatory change is here for Private Fund Advisers

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SMS Message Rates May Apply: SEC Fines 16 Firms $81 Million for Recordkeeping Failures

The SEC announced that it settled charges with 16 investment advisers and broker-dealers alleging that the firms failed to maintain required electronic records. Learn more and get our tips for how to proactively strengthen your compliance program in our recent alert.

Compliance Alert
  • SEC
  • eComms Surveillance
  • Compliance
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Performance Precision: SEC's New FAQ Sharpens Focus on Gross and Net IRR Obligations

On February 6, 2024, the Securities and Exchange Commission’s (SEC) Division of Investment Management released a new Frequently Asked Question (FAQ) clarifying requirements around gross and net performance obligations for Internal Rates of Returns (IRR) often seen in the private markets space. Read our alert to understand the key details.

Compliance Alert
  • SEC Marketing Rule
  • Performance
  • Compliance
  • Private Fund
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Strategies to Transform Your Compliance Program with Technology - #3: Data

RegTech is about more than just fancy software – it’s also about data structure and integrity.

Article
  • RegTech
  • ComplianceAlpha
December

Adviser-led Secondaries, Annual Fund Audits, and Annual Compliance Review Documentation Breakdown

The Adviser-led Secondaries Rule requires advisers to obtain an independent fair or valuation opinion while the Annual Fund Audits Rule requires advisers to obtain audits of their private funds annually and upon liquidation.

Article
  • Compliance
Celebrating Black History Month

Celebrating Black History Month at ACA: African Americans and the Arts

ACA proudly joins in the celebration of Black History Month. This year, our spotlight shines on the theme "African Americans and the Arts," a rich tapestry of culture, expression, and resilience.

News
  • ACA News
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2024 FINRA Regulatory Oversight Report

The 2024 Annual Regulatory Oversight Report provides insight into findings from FINRA's Member Supervision, Market Regulation, and Enforcement programs.

Compliance Alert
  • Compliance
  • FINRA
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Case Study: Outsourced Performance Calculation for a Large Asset Manager

This case demonstrates the value of outsourcing investment performance management to a reputable third-party service provider.

Case Study
  • Performance
  • Managed Services
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Checking Your Own Homework: The Need for Cybersecurity Independence

The consolidation of information technology and information security providers has unintended consequences including an increased risk of cybersecurity incidents and operational disruption.

Article
  • Cybersecurity
December

Private Fund Restricted Activities and Preferential Treatment Rules Breakdown

The Restricted Activities Rule focuses on transparency, disclosures, and consent while the Preferential Treatment Rule bans private fund advisers from providing preferential information to investors.

Article
  • Private Fund
  • SEC
  • Compliance
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2024 Cybersecurity Benchmarking Survey

ACA has partnered with NSCP to gather data on cybersecurity trends, policies, and challenges across the financial services industry.

Survey
  • Cybersecurity