SEC Report Relating to the Use of Data Collected from Private Fund Systemic Risk Reports

by Sabrina I. Pacifici on August 6, 2013

“The Dodd-Frank Act provided the Commission with new authority, and directed it to use this authority to require registered investment advisers to maintain records and file reports regarding the hedge funds, private equity funds and other private funds they advise. The Commission implemented this aspect of the Dodd- Frank Act in 2011 when it adopted a new form (Form PF) that requires certain registered investment advisers that advise private funds to report information to the Commission. While the primary aim of this provision was to create a source of data for the Financial Stability Oversight Council (“FSOC”) to use in assessing systemic risk, the Commission is using the information to support its own regulatory programs, including examinations, investigations and investor protection efforts relating to private fund advisers. The Dodd-Frank Act also required that the Commission report annually to Congress on how it has used the data to monitor the markets for the protection of investors and the integrity of the markets. This is the first annual report submitted to Congress to satisfy this obligation. Since the adoption of Form PF, the Commission’s staff has focused its efforts on (i) implementing an electronic filing system for use by Form PF filers; (ii) resolving technical aspects of data security, collection and delivery; (iii) answering questions and providing filer assistance; (iv) establishing and overseeing Commission-wide protocols regarding how Form PF data is accessed and protected internally; and (v) providing FSOC , through the Office of Financial Research, access to the data collected.”

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