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Alternative Market Briefing

Other Voices: SEC targets private funds in 2022 examination priorities

Friday, April 22, 2022

By: Gerald Francese, Ryan Last, Michael Renetzky, Heather Stone, from law firm Locke Lord LLP.

On March 30, 2022, the U.S. Securities and Exchange Commission's Division of Examinations issued its annual examination priorities for 2022. The Division will prioritize five significant focus areas that pose unique or emerging risks to investors or the markets during its examinations. We will focus our review of the Division's examination priorities on the way they impact investment advisers and private funds.

These focus areas include: (i) private funds; (ii) environmental, social and governance investing; (iii) standards of conduct; (iv) information security and operational resiliency; and (v) emerging technologies and crypto-assets. The SEC noted that while these five areas of focus are critical, they are not comprehensive and will not be the only issues the Division addresses in examinations, risk alerts, and industry and investor outreach. The 2022 SEC Examination Priorities address a composite of perennial exam considerations combined with more current emerging focus areas, which align with the Division's mission to promote and improve compliance, prevent fraud, monitor risk, and inform policy.

Significant Focus Areas

1. Private Funds. The Division states that over the past several years the private funds market has grown significantly, in both size and complexity. The Division estimates that approximately one third of all registered invest......................

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