The private funds industry has united to push back against perceived overreach by the Securities and Exchange Commission (SEC), filing a lawsuit challenging expanded oversight of investment advisers.

For years, private equity, hedge funds, and venture capital firms have bristled under SEC regulations they consider unduly burdensome. On September 1, a cohort of influential trade groups took bold legal action, petitioning the US Court of Appeals for the Fifth Circuit to block recently enacted SEC rules.

Private Funds: “Commission Exceeded Its Statutory Authority”

At issue is the SEC’s Private Fund Adviser rule, a sweeping 660-page edict imposing new disclosures, auditing requirements, and third-party validation on private funds.

However, the regulation elicited vigorous industry objections even before its adoption last month. The final rules were announced on August 23.

An excerpt of the court filing.
An extract of the court filing, filed on September 1. Source: managedfunds.org

The suit is brought by leaders including the Managed Funds Association, the National Venture Capital Association, and the Alternative Investment Management Association.

It decries the SEC for exceeding lawful authority and crippling investment. It argues the a

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Author: Josh Adams

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