ARTICLE
4 November 2021

Institutional Investor Organizations Seek SEC Rulemaking On Fee Reporting By Private Funds

CW
Cadwalader, Wickersham & Taft LLP

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Cadwalader, established in 1792, serves a diverse client base, including many of the world's leading financial institutions, funds and corporations. With offices in the United States and Europe, Cadwalader offers legal representation in antitrust, banking, corporate finance, corporate governance, executive compensation, financial restructuring, intellectual property, litigation, mergers and acquisitions, private equity, private wealth, real estate, regulation, securitization, structured finance, tax and white collar defense.
ILPA recommended that the SEC adopt a principles-based rule, as opposed to a specific template for fee reporting.
United States Finance and Banking

The Institutional Limited Partners Association ("ILPA") urged the SEC to require private fund advisers to report, on a quarterly basis, direct and indirect fees, carried interest, expenses and fee offsets.

ILPA recommended that the SEC adopt a principles-based rule, as opposed to a specific template for fee reporting. ILPA argued that "a principles-based rule provides sufficient flexibility to ensure the level of transparency can accommodate market changes in the types of fees and fee offsets charged by private fund advisers and their affiliates without the need for continual SEC rulemaking to update a form or template in coming years." ILPA stated that the SEC Division of Investment Management could issue guidance, and the Division of Examinations could issue risk alerts, to incentivize uniformity in disclosures.

The Council of Institutional Investors supported the ILPA request.

Primary Sources

  1. ILPA Comment Letter: Institutional Investors Seek SEC Rulemaking Action to Require Quarterly Fee and Expense Reporting by Private Fund Advisers
  2. CII Comment Letter: SEC on private fund advisers

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