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BDC Adviser Fined Over $800,000 for Accepting Fees Without Board Knowledge or Approval

The SEC has settled charges against a California-based investment adviser and its co-principal and managing member in connection with their failure to disclose or seek approval for material conflicts of interest in relation to their management of a business development company.

June 15, 2021

Keywords: Conflicts of Interest, Enforcement, Fees and Expenses, Fiduciary, Investment Company Act

Categories & Topics: Compliance, Conflicts, Enforcement

Dual-Registrant Pays Over $18 Million to Settle Charges Related to Wrap Fee Program Fees, Monitoring

The SEC has fined a New Jersey-based dual-registrant over $18 million for breaches of fiduciary duty to advisory clients that participated in the firm’s wrap fee programs.

January 05, 2021

Keywords: 12b-1 Fees, Best Execution, Conflicts of Interest, Disclosure, Fees and Expenses, Mutual Funds, Revenue Sharing, SEC Enforcement, Share Class Disclosure, Wrap Fees

Categories & Topics: Business Ops/HR, Compliance, Conflicts, Registered Funds, Wrap Fee

SEC Fines PE Fund Adviser $1.9 Million for Undisclosed Fee Practices, Criticizes Use of the Word “May”

The SEC has settled charges with a New York-based private equity fund adviser for failing to fully disclose its practice of charging portfolio companies for the cost of certain in-house services and the associated conflicts of interest such that it could obtain informed consent.

April 27, 2020

Keywords: Conflicts of Interest, Fees and Expenses, Private Equity, SEC Enforcement

Categories & Topics: Compliance, Conflicts, Enforcement

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