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Author: Bohyung Kim

SEC’s Focus on Broker-Dealer Registration

Posted on October 24, 2013February 28, 2014 by Bohyung Kim

SEC has recently made broker-dealer registration an area of focus for private fund managers. This is bad news for the private equity industry, as the burdens and costs of registration and on-going compliance with SEC requirements are substantial. The regulatory framework starts with Section 15(a) of the Exchange Act, which requires that persons engaged in…

Conflict of Interests in Private Equity Funds

Posted on October 17, 2013February 28, 2014 by Bohyung Kim

Until recently, the SEC’s Division of Enforcement focused its enforcement efforts on hedge fund managers who breached their fiduciary duties to clients or engaged in other types of fraudulent conduct. However, the growth of the private equity industry has not gone unnoticed by the SEC, and there have been a wave of enforcement actions against…

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