Monday, April 19, 2021
On January 29, 2021, the staff of the SEC’s Division of Investment Management issued no-action relief permitting a registered fund to self-custody its loan interests consistent, but not in strict compliance, with Section 17(f) of and Rule 17f-2 under the Investment Company Act of 1940 subject to certain requirements.
Generally, Section 17(f) and Rule 17f-2 govern the conditions and procedures under which registered funds may maintain custody of their own investments. Particularly, Rule 17f-2(b) requires that documents evidencing a fund’s investments “shall be deposited in the safekeeping of, or in a vault or other depository maintained by, a bank or other company whose functions and physical facilities are supervised by Federal or State authority.” Additionally, Rule 17f-2(d) imposes restrictions on which persons may have access to a fund’s investments, and Rule 17f-2(e) requires that each person withdrawing or depositing a fund’s invest
Monday, April 19, 2021
On March 11, 2021, the staff of the SEC’s Division of Investment Management issued a statement soliciting industry feedback on the regulatory regime governing registered fund cross trading following the adoption of the new valuation rule in December 2020. Fund cross trades must be effected in accordance with Rule 17a-7 under the Investment Company Act. Absent further SEC staff guidance or SEC action, however, Rule 17a-7 may no longer be available for cross trades in fixed income securities beginning in September 2022, as a result of the new valuation rule’s definition of “readily available market quotations.”
Background
Funds engaging in cross trades with certain of their affiliates must do so in accordance with the conditions of Rule 17a-7. These conditions include, among others, that the trade be effected for “no consideration other than cash payment against prompt delivery of a security for which
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On April 9, 2021, the SEC’s Division of Examinations (“EXAMS”) published a Risk Alert summarizing its observations from recent examinations of investment advisers, registered investment companies, and private funds engaged in ESG investing.[1] The Risk Alert is the latest in a series of announcements from the regulator that demonstrate its focus on investor protection in connection with climate and ESG investing.
On March 4, 2021, the SEC announced the launch of the Climate and ESG Task Force within the Division of Enforcement. The task force is led by Kelly L. Gibson, Acting Deputy Director of Enforcement, and is comprised of 22 members from the Enforcement Division’s specialized units, the SEC’s headquarters, and its regional offices.
REGULATORY UPDATES
SEC Leadership Changes
On April 14, 2021, the U.S. Senate voted to approve President Biden’s nomination of Gary Gensler as Chairman of the Securities and Exchange Commission (the “SEC”) through June 5, 2021. The vote came after the Senate Banking Committee endorsed Gensler’s nomination in March 2021. The confirmation only approves Gensler to serve the remainder of former SEC Chairman Jay Clayton’s term, though the Senate Banking Committee has cleared Gensler to serve another five-year term afterward. Gensler served as chairman of the U.S. Commodity Futures Trading Commission from 2009 to 2014, and helped to draft the Sarbanes-Oxley Act as senior advisor to U.S. Senator Paul Sarbanes. In a statement, the SEC’s four commissioners said they welcome Gensler “and look forward to working together to execute our vital mission.”
Gary Gensler Confirmed As New SEC Chair As Agency Tackles GameStop Saga, ESG Boom And Cryptocurrency forbes.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from forbes.com Daily Mail and Mail on Sunday newspapers.