Current Topics In Fund Governance

Changes to the Investment Advisers Act brought on by the Dodd-Frank Wall Street Reform and Consumer Protection Act led to a dramatic increase in the number of private equity firms required to register as investment advisers with the U.S. Securities and Exchange Commission. At the same time, the SEC stepped up its enforcement efforts against private equity firms as part of a "broken windows" approach to policing their activity.  

In the course of these enhanced enforcement activities, the SEC has highlighted key governance issues commonly faced by investment managers, which include investment and expense allocations, co-investments, fee arrangements, and political contributions.

This course, led by Mark Proctor and Robert Seber, two partners in Vinson & Elkins' private equity and investment management practice, identifies key fund governance issues, as highlighted by the SEC, and offers practical guidance to consider in structuring investment funds and operating investment management businesses.  

Learning Objectives: 

1. Identify key SEC settlements in the last 5 years that impact the area of fund governance

2. Grasp the key fund governance issues that were highlighted in these settlements

3. Discuss governance changes that have been or should be implemented by managers in response to these settlements