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In the Spotlight: SEC’s Latest Form PF Amendments & Implications for Private Funds

preface of sec building with emblem - form pf section 4 blog.


As part of our ongoing Emerging Regulations Watch series, we delve into the Securities and Exchange Commission’s (SEC) recent amendments to Form PF. These amendments mark a pivotal moment in private fund reporting, aiming to bolster regulatory oversight and systemic risk monitoring. Keep reading as we set out the implications of these changes for private funds and advisers, providing insights to help you navigate the emerging regulatory change.


Even More Regulatory Change Afoot for Private Funds

As large liquidity filers prepare for the Form PF changes that take effect June 11, 2024, additional and further regulatory change is now afoot for all Private Funds. On February 8, 2024, the Securities and Exchange Commission (SEC) adopted further amendments to enhance private fund reporting and in doing so, expand regulatory oversight of Private Funds.


Enhancing Regulatory Oversight

These amendments are designed to enhance the ability of the Financial Stability Oversight Council (FSOC) to monitor and assess systemic risk and to enhance regulatory oversight of private fund advisers and the agency’s investor protection efforts. The amendments have been concurrently adopted by the CFTC.Agreement between the SEC and CFTC on a memorandum of understanding related to sharing Form PF data for Private Fund Reporting has also taken place. This should plug the Private Fund Advisers gaps in data that the SEC, CFTC, and FSOC have previously identified.


Key Changes in Form PF Reporting

The amendments to Form PF will change how large hedge fund advisers report market factor effects, currency exposure, investment exposures, borrowing and counterparty exposure, country and industry exposure, central clearing counterparty reporting, turnover, risk measures, investment strategies, portfolio liquidity, and financing and investor liquidity. This emerging regulatory change to the data will improve data consistency and standardization across the industry. It should provide the regulators with a better insight into the operations and strategies of the funds and their advisers.More basic data about advisers and the private funds they advise will also be required. This includes identifying information, assets under management, base currency reporting, inflows and outflows, withdrawal and redemption rights, gross asset value and net asset value, borrowings and types of creditors, fair value hierarchy, beneficial ownership, and fund performance to provide. This data provides insights into the private funds’ strategies. The insights will assist the U.S. in identifying trends that could create systemic risk, thus bringing the U.S. regulatory reporting for Private Funds more in line with that of AIFMD Annex IV reporting for Alternative Fund Managers in Europe.


When will the Form PF amendments come into effect?

The amendments to enhance Private Fund Reporting will come into effect one year after publication in the Federal Register. The compliance date for the amendments is the same as the effective date.


Navigating SEC’s Form PF Amendments

The adoption of amendments to Form PF by the SEC further heightens the new era of regulatory scrutiny and transparency for private funds in the USA. With these far-reaching regulatory changes, the SEC aims to strengthen oversight, enhance systemic risk monitoring, and promote investor protection. As private fund advisers navigate the evolving landscape of regulatory requirements, it’s imperative to stay informed, adapt strategies, and ensure compliance. By embracing these changes proactively, private funds can foster trust and regulatory resilience. As the regulatory landscape continues to evolve, continued collaboration, innovation, and diligence will be essential in navigating the complexities that emerging regulatory changes bring.



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