The Regulatory Roundtable Podcast
ACA Group and Simpson Thacher invite you to our new podcast series, The Regulatory Roundtable, a quarterly podcast offering insight from leading regulatory and enforcement lawyers and compliance specialists. Each episode will feature leading attorneys and compliance specialists with deep knowledge of the funds regulatory landscape who will explore today’s most complex regulatory and compliance issues. We look forward to having you join us at the table.
Episode three
Tune in as Simpson Thacher Partners David Blass, Meaghan Kelly, and Owen Lysak discuss the emergence of new ESMA marketing guidelines; compliance with the SEC’s new marketing rule coming into effect November 4, 2022; and key takeaways of interest for sponsors operating in the EU and the U.S.
Episode two
This episode focuses on the SEC’s February 9th proposed rules targeting private equity and private funds; the SEC’s January 26th proposed amendments to Form PF; and the Division of Examinations risk alert published January 27th.
Featured Speakers
- David W. Blass, Simpson Thacher
Partner; formerly served as General Counsel of the Investment Company Institute and also held senior roles for over a decade at the SEC - Meaghan Kelly, Simpson Thacher
Partner; specializes in advising fund managers with respect to SEC examinations, compliance and disclosure questions, and SEC enforcement investigations - Michael J. Osnato, Jr., Simpson Thacher
Partner and Head of the Firm’s Funds Regulatory and Investigations group; former Chief of the SEC’s Complex Financial Instruments Unit - Robert Ingwer, ACA Group
Principal Consultant, ACA Group; compliance executive offering over 10 years’ experience building, supporting and leading advisory businesses in both private equity and fixed income
Additional Resources
- SEC Proposes Sweeping Changes Affecting Private Fund Managers
- SEC’s Examination Division Shares Observations Relating to Common Deficiencies Uncovered in Private Fund Manager Examinations
- SEC Proposes Rule Amendments to Modernize Beneficial Ownership Reporting
- SEC Proposes Amendments to Private Fund Reporting
Browse all ACA Compliance Insights and Alerts here
Episode one
This inaugural episode focuses on the SEC’s priorities relating to private funds, including SEC Chair Gary Gensler’s recent speech at the ILPA Summit; emerging exam trends including document production, deficiency letters and MNPI concerns; and changes to the exam referral process over the last two years.
Featured Speakers
- Marc P. Berger, Simpson Thacher
Partner; former Acting Director and Deputy Director of the SEC’s Enforcement Division and Director of the SEC’s New York Office; former Chief of the Securities and Commodities Fraud Task Force, U.S. Attorney’s Office, SDNY - Allison Scher Bernbach, Simpson Thacher
Senior Counsel, Private Funds; former private equity Chief Compliance Officer; over 20 years of regulatory compliance experience - Michael J. Osnato, Jr., Simpson Thacher
Partner and Head of the Firm’s Funds Regulatory and Investigations group; former Chief of the SEC’s Complex Financial Instruments Unit - Robert Ingwer, ACA Group
Principal Consultant, ACA Group; compliance executive offering over 10 years’ experience building, supporting and leading advisory businesses in both private equity and fixed income
Listen to the trailer
About The Regulatory Roundtable
With increased regulatory scrutiny from the SEC and other agencies, staying on top of regulatory trends has never been more important. This podcast will take you behind the scenes on important policy, exam and enforcement issues affecting funds and the asset management industry.
Listen now on your favorite podcasting app and subscribe for new episodes
To hear about future episodes, be sure to follow the show in your favorite podcast app or subscribe to receive email updates here.
Have a topic or a question you would like to hear covered?
Submit your questions here or contact our podcast team at regulatoryroundtable@stblaw.com.
Additional Resources
COVID-19 and SM&CR: FCA Issues New Guidance for Senior Managers
The FCA is maintaining a dedicated webpage detailing its expectations for solo-regulated firms during the COVID-19 pandemic, and guidance on the application of the Senior Managers and Certification Regime (“SM&CR”).
- Compliance
SEC Relief for Business Development Companies
On April 9, 2020, the SEC announced temporary, conditional relief until December 31, 2020, allowing business development companies flexibility to issue and sell senior securities, and invest alongside certain affiliates that would otherwise be prohibited by the Investment Company Act.
- Compliance
Regulation Best Interest Compliance Date Confirmed by the SEC
The SEC issued a public statement addressing the June 30, 2020 implementation deadline for Regulation Best Interest and Form CRS in light of the challenges raised by the COVID-19 pandemic.
- Compliance
2020 Vision: 10 Concerns for European firms over the coming months
At our recent UK conference, 'Regulatory Horizon 2020 | The Challenges Ahead', we captured 10 concerns for European firms (aside from Covid-19). This checklist remains relevant for firms prepared to look through the crisis to the eventual recovery ahead.
- Compliance
FINRA's Pandemic-Related Business Continuity Planning, Guidance, and Regulatory Relief
FINRA recently issued a regulatory notice reminding firms that they should review their pandemic-related business continuity planning. This review should include assessing whether their business continuity plans (“BCPs”) are flexible enough to address the impact of potential pandemic-related situations to their businesses.
- Compliance
Tips to Enhance Electronic Communication Surveillance
With reduced face-to-face interactions, employees are increasingly turning to electronic devices and platforms to communicate with their co-workers and clients. Increased electronic communication traffic can result in additional risks. Regulators, although providing relief in certain areas, still expect the compliance role to function effectively to mitigate these risks.
- Compliance