There is a lot happening in the Dodd-Frank Wall Street Reform and Consumer Protection Act. (Yes, that appears to be the agreed upon name of the financial reform bill.)
I’m most interested in its Title IV: Private Fund Investment Advisers Registration Act of 2010(.pdf).
The act will remove the current exemption from SEC registration for “small” investment advisers. If you have more than $30 million under management and fewer than 15 clients, you were exempt from registration with SEC under section 203(b)(3).
If the bill is enacted, that exemption will be removed and private fund managers will have to register. If the manager has more than $150 million under management they will register with SEC.
The final text of the Private Fund Investment Advisers Registration Act of 2010
has been released.
The Senate-House Conference Committee has released all 2319 pages of the the final text of its conference report: Dodd-Frank Conference Report. I’ll get to the rest of it at some point.
As of this morning, it sounds like the bill is still short of the votes necessary to get it passed in the Senate. One of my Senators, Scott Brown, is unhappy with the new tax imposed by the too-big-to-fail regime. He would be vote 41 and could prevent a filibuster from stopping the bill from a final vote in the Senate.
Sources:
- Conference Report on Private Fund Investment Advisers Registration Act of 2010.
- Dodd-Frank Wall Street Reform and Consumer Protection Act conference report and votes from the House Financial Services Committee
Updated pdf file with text of the Private Fund Investment Advisers Registration Act of 2010