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July 07, 2016

SEC Proposes New Rule Requiring Investment Advisers to Adopt Business Continuity and Transition Plans

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A rule proposed by the US Securities and Exchange Commission under the Investment Advisers Act of 1940 would require SEC-registered investment advisers to adopt and implement written business continuity and transition plans and review them at least annually. While nearly all firms already maintain business continuity plans, the proposal suggests baseline requirements that the SEC would expect for such plans. And the proposal’s requirement that the plans address “transition” – meaning sale or dissolution – of the investment adviser’s business is entirely new. In a companion release, the SEC also issued guidance to registered investment companies regarding components of their business continuity plans.

View full memo, SEC Proposes New Rule Requiring Investment Advisers to Adopt Business Continuity and Transition Plans and Issues Guidance on Business Continuity Plans for Registered Investment Companies

Authors and Contributors

Azam Aziz

Partner

Derivatives & Structured Products

+1 212 848 8154

+1 212 848 8154

New York

Donna Parisi

Partner

Derivatives & Structured Products

+1 212 848 7367

+1 212 848 7367

New York

Geoffrey Goldman

Partner

Derivatives & Structured Products

+1 212 848 4867

+1 212 848 4867

New York

John Adams

Partner

Investment Funds

+44 20 7655 5740

+44 20 7655 5740

London

Lorna Xin Chen

Partner

Investment Funds

+852 2978 8001

+852 2978 8001

Hong Kong

John (Sean) Finley

Partner

Investment Funds

+1 212 848 4346

+1 212 848 4346

New York

Paul Schreiber

Of Counsel

Investment Funds

+1 212 848 8920

+1 212 848 8920

New York

Thomas Majewski

Counsel

Investment Funds

+1 212 848 7182

+1 212 848 7182

New York