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Perspectives

Preparing for the SEC private funds rule

What should private fund advisers expect?

The Securities and Exchange Commission’s (SEC) new rules for private fund advisers come as the industry is awaiting other major rules packages from the SEC, including rules impacting cybersecurity; open-end fund liquidity risk management programs and swing pricing; vendor oversight by investment advisers; and environmental, social, and governance (ESG) practices.

The SEC private funds rule

On August 23, 2023, the Securities and Exchange Commission (SEC) adopted significant new rules for private fund advisers. Certain aspects of the new rules will apply to all private fund advisers, not only those registered with the SEC. In addition, the finalized package includes amendments to the Investment Advisers Act of 1940 (Advisers Act) compliance program rule that will impact all registered investment advisers.

Impacted advisers and key components of the final rule

Impacted Entity

Component

Compliance Timeline

Registered private fund advisors

Quaterly statement rule

March 2025

Private fund audit rule

March 2025

Adviser-led secondaries rule

Sept. 2024 or March 2025

Books and records rule

 

All private fund advisers

Restricted activities rule

Sept. 2024 or March 2025

Preferential treatment rule

Sept. 2024 or March 2025

Legacy status

 

All registered advisers

Compliance Rule

November 2023

Learn more about these new requirements and steps your organization can take to prepare for the upcoming compliance dates.

Contacts

Maria Gattuso
Principal
Deloitte & Touche LLP
+1 203 423 4445
mgattuso@deloitte.com

Ryan Moore
Audit & Assurance Partner
Deloitte & Touche LLP
+1 914 649 3313
ryanmoore@deloitte.com

Dan Rooney
Audit & Assurance Partner
Deloitte & Touche LLP
+1 224 221 4430
danrooney@deloitte.com

Bruce Treff
Managing Director
Deloitte & Touche LLP
+1 617 437 3087
btreff@deloitte.com

Deloitte Center for Regulatory Strategy

Meghan Burns
Deloitte & Touche LLP
megburns@deloitte.com

Brian Clark
Deloitte & Touche LLP
amitamkumar@deloitte.com

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