Debevoise & Plimpton

Reminder — periodic filing, notice and reporting requirements for private equity funds

Private equity funds (and their managers/advisers) are subject to various types of regulation under US federal law, in particular under the Dodd-Frank Wall Street Reform and Consumer Protection Act and non-US law. This is a reminder to private equity clients and friends to check their internal compliance policies, fund partnership agreements, side letters and/or ‘tickler’ lists to ensure that they are up to date and in compliance with the requirements — including any annual or quarterly reporting requirements — that may be imposed by law or pursuant to those compliance policies, partnership agreements and side letters.

Examples of filing and delivery requirements (in addition to tax reporting and filing and financial reporting obligations) include the following.

All US and non-US investment advisers that are registered with the US Securities and Exchange Commission (SEC) under the US Investment Advisers Act of 1940 must file with the SEC, within 90 days after the end of the registrant’s fiscal year, an updated part 1 and 2A of the registrant’s Form ADV. Registered investment advisers should review part 2B of Form ADV (which is not required to be filed with the SEC) to determine if it should be updated…

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