Mind Your Fees and Qs: Fee and Expense Guidance for Private Fund Managers

The U.S. Securities and Exchange Commission (SEC) frequently focuses its examination and enforcement efforts on how private fund managers disclose the allocation of fees and expenses to investors. Since 2012, the start of the SEC’s Presence Exam Initiative, the SEC’s Office of Compliance Inspections and Examinations (OCIE) routinely makes fee and expense disclosures and practices one of the areas of greatest scrutiny with respect to private fund managers. In addition to satisfying fiduciary obligations as investment advisers under the Investment Advisers Act of 1940, private fund managers should also be mindful of the demands of institutional investors for increased transparency regarding fees and expenses, and be sure that disclosures are clear, practices are transparent to investors, and that fee and expense policies are followed by employees and service providers alike.

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