Author Archives: CounselWorks LLC

About CounselWorks LLC

CounselWorks is a strategic business and regulatory consulting firm, that provides project-based consulting and manages compliance and regulatory programs for hedge funds, private equity firms, investment companies, broker-dealers and investment banks.

Gupta Denied Newman Based Appeal

Dear Friends, On Thursday, Judge Jed Rakoff, who participated in CounselWorks’s SummerTime Summit 2015, rejected Rajat Gupta’s request to overturn his insider trading conviction, based on the Newman ruling. Rajat Gupta was convicted in 2012 of passing illegal tips to Raj Rajaratnam and was sentenced to two years in prison. Judge Rakoff held that Newman addresses the liability of tippees […]

SEC Guidance on Monitoring of Managed Accounts

Dear Friends, The SEC provided guidance for registered investment advisers (RIAs) regarding the mandatory reporting of personal securities transactions reports for “Access Persons,” as provided under Rule 204A-1 of the Advisers Act. Accounts over which an Access Person had no direct influence or control are excluded from the reporting requirement. The SEC outlined that certain blind trusts may be excluded from […]

SEC Commissioner on CCO Enforcement Actions

July 1, 2015 Dear Friends, On June 29, 2015, SEC Commissioner  Luis A. Aguilar, said that recent statements by fellow SEC Commissioner David Gallagher regarding enforcement actions against CCOs of investment advisers,  (Black Rock and SFX Financial) have “unnecessarily created an environment of unwarranted fear in the CCO community.” Commissioner Aguilar noted that CCOs that are competent, diligent, and act in […]

SEC Announces Compliance Date

June 26, 2015 Dear Friends, The SEC announced that the compliance date for the ban on third-party solicitation pursuant to the Pay-to-Play rule, will be July 31, 2015. The Pay-to-Play Rule prohibits an investment adviser from providing compensated services to a government entity, following a political contribution to certain officials of that entity. The third-party solicitation ban, prohibits an investment […]

Judge Rules Against SEC

Dear Friends, Today, a federal judge ruled that the SEC’s use of an in-house judge tribunal was “likely unconstitutional.” Rather than sending cases to federal court, the SEC has increasingly used its administrative judge tribunal to decide cases. U.S. District Court Judge Leigh Martin May temporarily postponed an SEC insider-trading case against a real estate developer, stating that the use of the […]

SEC Proposes Form ADV Amendments

June 8, 2015 Dear Friends, The SEC has proposed amendments to Form ADV including, but not limited to, the following: Umbrella Registration: additional guidance on the ability to file a single form ADV for filing and relying advisers. Separately Managed Accounts (SMA): additional disclosure regarding SMAs; the scope and frequency of which will be dependent upon the adviser’s regulatory assets under management. Additional […]

CounselWorks and Compliance Science Webinar Invitation

   Speakers: Kathleen Malone, Managing Director of Northeast Division CounselWorks LLC Ms. Malone, a former SEC and FINRA examiner, assists investment advisers and broker-dealers with the development, implementation, and maintenance of their compliance programs.   Dave Nash Vice President, Customer Success Compliance Science Mr. Nash joined Compliance Science in 2007 where he engages with customers to successfully implement and support […]

BE-10 Filing Deadline Extended for New Filers

Dear Friends, The deadline to file Form BE-10, Benchmark Survey of U.S. Direct Investment Abroad, has been extended to June 30, 2015, for all new filers. U.S. persons (entities or individuals) with a direct or indirect ownership or control of more than 10% of voting stock of a non-U.S. business enterprise, during their 2014 fiscal year, are required to file Form […]

Matt Okolita to Participate at HFA Event on June 3, 2015

May 20, 2015 Dear Friends, CounselWorks is pleased to announce that Matt Okolita, Managing Director, will participate in the HFA’s New York Symposium’s panel discussion on Wednesday, June 3, 2015. Topics include: Avoiding common mistakes that lead to hedge fund failures; Understanding what and when in a fund’s lifecycle to in-source and out-source; Aligning management, internal teams and external third-party […]

SEC Proposes Rules to Modernize and Enhance Information Reported by Investment Companies and Investment Advisers

May 20, 2015 Dear Friends, Today, the SEC proposed new rules, forms and amendments which will require additional disclosures from investment companies and investment advisers. Investment company proposals include: Form N-PORT: a new form requiring a monthly report of the fund’s investments; Form N-CEN: a new form requiring an annual report of census-type information, replacing the current Form N-SAR; Amendments […]