A lawsuit filed by industry groups alleging the Securities and Exchange Commission (SEC) overstepped when it passed new rules for private fund advisers last month is unlikely to stop their implementation, according to experts.
The lawsuit, filed in the U.S. Court of Appeals for the Fifth Circuit, claims the SEC exceeded its statutory authority when it passed the rules intended to increase transparency and accountability to investors in a private fund market estimated to exceed $26 trillion.
The groups that brought the suit included the National Association of Private Fund Managers, Alternative Investment Management Association, American Investment Council, Loan Syndications and Trading Association, Managed Funds Association (MFA), and National Venture Capital Association.
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Even though compliance dates for the Securities and Exchange Commission’s new private fund rules are a year to 18 months away, compliance teams should start analyzing the impact now, according to experts.
The Securities and Exchange Commission passed a sweeping set of rules for the $26 trillion private fund industry designed to increase transparency and competition but with provisions that address industry concerns about potential overreach.
The Securities and Exchange Commission passed new amendments requiring advisers to hedge and private funds to disclose events that could indicate systemic risk or investor harm, a move the regulator said will improve transparency within $20 trillion of market activity.
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