Kelley Howes spoke to Law360 about the U.S. Securities and Exchange Commission's (SEC) proposed rules seeking to increase disclosure and mitigate conflicts involving private funds, a move the majority said is needed to boost accountability in the world of private capital.
According to Kelley, the SEC appears to be moving beyond a "principles-based" approach that relies on broad guidelines, toward more detailed and prescriptive rules in how it oversees private funds.
"Many, if not most, of those investors are well represented and able to negotiate for the type and frequency of disclosure that they view as meaningful and useful," Kelley said. "It is not clear that mandating specific quarterly disclosure will help such investors understand or evaluate their investments."
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