SEC Commissioner Advocates for Substantive Review of New Advisers
In a recent speech, SEC Commissioner Elisse Walter asked the SEC to consider implementing substantive review of investment advisers before allowing registration. She said that the SEC should implement a “vetting process” to review a registrant’s legal, operational, and financial capacity to conduct its business. As an example, she suggested a process similar to the one required of new broker-dealers. She also indicated that the SEC should consider imposing financial requirements on advisers. Commissioner Walter also expressed support for a more detailed fiduciary standard that prohibits certain conflicts rather than merely requires disclosure. She also reiterated her support for an SRO to regulate advisers.
OUR TAKE: Hedge and private equity managers might want to consider expediting the registration process and finish the process before the SEC makes registration more difficult.

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