Analysis

Keeping Up With The SEC's PE Fund Disclosure Demands

By Benjamin Horney (August 30, 2019, 1:19 PM EDT) -- The U.S. Securities and Exchange Commission's push for transparency in the private equity industry has led to an expansion of what PE clients need addressed explicitly in fund documents, and lawyers must lean on the regulator's public guidance and past enforcement actions to help draw up partnership agreements and regulatory filings.

Ever since former SEC chair Mary Jo White first launched a public crusade against illicit practices in the PE industry roughly half a decade ago, the regulator has been trying to help fund managers and their legal advisers understand what is and isn't considered improper when it comes to disclosure. The...

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