Published on Jul 5th, 2023 |

Vigilant Monthly Newsletter | June 2023

Monthly Newsletter

In June, we saw SEC Releases and Charges, Vigilant Insights and Announcements, and News and Alerts throughout the Industry.

Below is a brief overview of what took place in the month of June, and what is approaching for July.

New Rules, Regulations, and Guidance

New Rules, Regulations, and Guidance

Upcoming Filings:

  • 07/10/23 – Form 13G Monthly
  • 07/10/23 – Form 13H Quarterly
  • 07/10/23 – Form N-MFP
  • 07/15/23 – Form PF Liquidity Fund Quarterly
  • 07/31/23 – AIFMD Annex IV MIFIDPRU: Application for use of the Group Capital Test
  • To stay up to date with the SEC Filing Deadlines in 2023, click HERE to view Vigilant’s Filing calendar.

Events & Public Appearances by Officials:

  • No SEC Events listed for this month.
  • To see upcoming 2023 SEC Meetings and Public Appearances click HERE!

Materials

Materials:

Vigilant Announcements:

Vigilant Selected as Best Outsourced Solution and Best Regulatory Advisory & Compliance Firm

  • Vigilant is thrilled to announce that we have been selected as the Best Outsourced Solution and Best Regulatory Advisory & Compliance Firm by Hedgeweek in conjunction with Bloomberg for their Emerging Manager Awards.
  • To view they key statistics regarding our win, click here.

Vigilant Insights:

5 Rising Topics in the Compliance Industry | 2023

  • As the SEC continues to propose numerous rules and amendments, while also handing out millions in fines, it would be prudent for Firms to be aware of growing areas of compliance awareness in the industry.
  • To learn more about the 5 Rising Compliance Topics, 5 Helpful Steps Towards Success, and our conclusion, click here.

Marketing Rule Risk Alert | Donna DiMaria Reacts (ETF Express)

  • Vigilant’s own, Donna DiMaria, was spotlighted by ETF Express providing insights on the recent SEC Risk Alert on the Marketing Rule.
  • To learn more about her detailed insights and our conclusion, click here.

Preparing for ESG Regulation

  • As the SEC continues to focus on enforcement related to ESG, Firms should take the necessary steps to prepare for the possible compliance issues ESG may bring.
  • To view steps to be proactive and our conclusion, click here.

Reg BI May Be A Major Source Of Future Enforcement Action

  • As arbitration claims to FINRA under Reg BI continue to increase, Firms should take steps now to limit their risk of potential compliance violations.
  • To view 6 tips for staying compliant with Reg BI, SEC and FINRA actions related to Reg BI and our conclusion, click here.

SEC Releases:

Private Equity Fund Adviser Charged For Fee Disclosure Failures And Overcharging

  • On June 20th, the SEC charged a New York Investment Adviser for excessive management fees and failure to disclose conflicts of interest.
  • To learn more about what happened and our conclusion, click here.

SEC Places 37 New Rules in Final Stage as part of its Spring Agenda

  • The SEC has announced its Spring 2023 Regulatory Agenda. SEC Chairman, Gary Gensler, explains the regulatory goals as focusing on a three-part mission to protect investors, maintain the efficiency and fairness of markets, and facilitate capital formation.
  • To learn more about who this applies to, rules in the final stage, and our conclusion, click here.

New SEC Risk Alert on the Marketing Rule

  • On June 8th, the SEC released a Risk Alert related to the Marketing Rule. The Risk Alert substantiates the marketing review process that Vigilant is currently conducting.
  • To view key areas the SEC is focusing on during Examinations, additional areas of focus by the SEC, and our conclusion, click here.

Private Fund Compliance Failures Bring SEC Charges for RIA

  • A New York RIA was charged $275,000 by the SEC on May 24th for Compliance failures related to their valuation of Private Funds.
  • To view what was discovered and our conclusion, click here.

News and Alerts:

AI Use for Private Equity Firms remains Questionable

  • Compliance officers of Private Equity Funds have generally taken a cautious approach to allowing employees to use artificial intelligence (“AI”).
  • To learn more about the regulatory concerns and our conclusion, click here.

IAA Argues Against SEC Proposals

  • The Investment Adviser Association (“IAA”) has publicized their disagreement with four SEC proposals regarding investment advisers.
  • To learn more about their disagreement and our conclusion, click here.

The Vigilant Team is always happy to schedule a time to chat, feel free to contact us with any questions!

About Us

Contact Us