Form PF

CFTC Adoption of Final Form PF

On October 31, pursuant to Sections 404 and 406 of the Dodd-Frank Act, the CFTC adopted a new rule requiring certain advisers to private funds that are dually registered with the CFTC and the SEC to report information to the SEC on a new Form PF for use by the Financial Stability Oversight Council to monitor risks to the U.S. financial system. The SEC approved the joint rule on October 26. Most private fund advisers will be required to begin filing Form PF following the end of their first fiscal year or fiscal quarter ending on or after December 15, 2012, depending upon the type and amount of AUM. However, certain large reporting advisers will be required to file Form PF following their first fiscal year or fiscal quarter after December 15, 2012. CFTC Release. Final Rule. Form PF.

SEC Adoption of Final Form PF

On October 26, pursuant to Sections 404 and 406 of the Dodd-Frank Act, the SEC adopted a new rule requiring certain advisers to private funds to report information on a new Form PF for use by the Financial Stability Oversight Council to monitor risks to the U.S. financial system. Most private fund advisers will be required to begin filing Form PF following the end of their first fiscal year or fiscal quarter, depending upon type of and amount of AUM, to end on or after December 15, 2012. However, the following advisers must begin filing Form PF following the end of their first fiscal year or fiscal quarter, as applicable, to end on or after June 15, 2012: (i) advisers with at least $5 billion in AUM attributable to hedge funds; (ii) liquidity fund advisers with at least $5 billion in combined AUM attributable to liquidity funds and registered money market funds; and (iii) advisers with at least $5 billion in AUM attributable to private equity funds. Advisers to private funds with less than $150 million of AUM will not be required to file Form PF. SEC Release.

CFTC and SEC Proposed Rules on Reporting by Investment Advisers

On January 26, the CFTC and the SEC proposed new rules to implement provisions of the Dodd-Frank Act to assist the Financial Stability Oversight Council in its assessment of systemic risk. The proposed SEC rule would require SEC-registered investment advisers that advise private funds to file Form PF with the SEC. The proposed CFTC rule would require commodity pool operators and CFTC-registered commodity trading advisors who are also SEC-registered investment advisers that advise one or more private funds to satisfy certain proposed CFTC filing requirements by filing Form PF with the SEC. Comments on the proposed rules must be submitted within 60 days after publication in the Federal register. SEC Rule.