Insights

14 May 2024

Does your private fund have the right compliance talent?

The SEC has a close eye on private investments, and fund managers are now contemplating unprecedented regulatory scrutiny. Ignoring these changes could result in hefty fines and a damaged reputation for investment firms of all sizes. 

In this post, we’ll look at the SEC’s recent regulatory actions, non-compliance risks, and the importance of having the right compliance team.

The SEC’s Regulatory Agenda:

Improved transparency is top of book for the SEC. Some of the key actions include:

1. Enhanced Reporting Requirements: The SEC has amended Form PF, demanding detailed information about fund performance, fees, expenses, and adviser compensation.

2. Quarterly Statements and Annual Audits: Private fund advisers must now furnish investors with quarterly statements and obtain an annual financial statement audit of each private fund they advise.

3. Preferential Treatment Rules: The new rules prohibit private fund advisers from offering confident investors preferential treatment regarding redemptions or portfolio holdings information unless such treatment is disclosed to all investors.

The Cost of Non-Compliance:

While financial penalties are a concern, the real cost of non-compliance is the potential damage to a fund’s reputation. 

MBK Search chief executive Spencer Knibbe says the reputational risk is nothing to sniff at. “To be blunt, if a fund gets fined, its reputation will take a massive hit, which can lead to investors pulling money.” 

In today’s competitive market, trust is your most valuable asset, and any hint of regulatory issues can lead to a mass exodus of capital.

The Importance of a Competent Compliance Officer

As the SEC flexes, having a skilled compliance officer is more important than ever. This person must understand the new rules and ensure your firm follows them. The compliance officer’s role now includes a wide range of skills and responsibilities, including: 

Ensure Accurate Quarterly Reporting: Prepare and provide detailed quarterly statements to investors, covering fund performance, fees, and expenses. This involves meticulous record-keeping and timely reporting to meet SEC deadlines.

Conduct Annual Audits: Oversee each private fund’s annual financial statement audit, ensuring compliance with the SEC’s requirements and addressing any issues identified during the audit.

Manage Preferential Treatment: Implement policies to prevent and disclose any preferential treatment to investors, ensuring all investors are treated fairly and transparently.

Monitor Restricted Activities: Ensure compliance with rules prohibiting certain activities unless appropriately disclosed and consented to by investors. This includes managing the firm’s interactions with regulatory bodies and ensuring transparency in all dealings.

Assessing Your Compliance Officer:

So, how do you know if you’ve got the right people dealing with compliance? 

Having the right talent in place is crucial for navigating the complex regulatory landscape. 

Partnering with a specialized recruitment firm like MBK Search can help you find top-tier compliance professionals who can fortify your defenses against regulatory threats. 

By bringing in skilled compliance professionals, you proactively demonstrate to your investors that you safeguard their interests.

The level of regulatory scrutiny remains high, and private fund managers must act now to ensure they are prepared for whatever comes next. By reviewing their compliance needs, assessing their current team, and taking decisive steps to secure the right talent, they can mitigate risk and build a team that keeps their firm secure and their investors confident.

Average Base Salaries of Senior Compliance Professionals in the United States

PositionAverage Salary (USD)
Compliance Manager$100,000 – $150,000
Senior Compliance Officer$120,000 – $180,000
Director of Compliance$140,000 – $200,000+
Chief Compliance Officer$160,000 – $500,000+

By hiring a compliance officer with these skills and qualities, private fund managers can better navigate the complex regulatory landscape, protect their firm’s reputation, and maintain investor trust. Contact MBK Search today to find the right compliance professional to safeguard your firm’s future.

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