SEC updates regulatory framework for good faith determinations of fair value
Journal of Investment Compliance
ISSN: 1528-5812
Article publication date: 18 June 2021
Issue publication date: 17 July 2021
Abstract
Purpose
To explain the new U.S. Securities and Exchange Commission (“SEC”) Rule 2a-5 (the “Fair Value Rule”) under the Investment Company Act of 1940 (the “1940 Act”), which addresses the valuation practices of registered investment companies and business development companies.
Design/methodology/approach
Provides an overview of the Fair Value Rule, followed by a more detailed summary of the key provisions, including relevant guidance provided by the SEC in the release adopting the Fair Value Rule.
Findings
The Fair Value Rule establishes a specific framework, a standard of baseline practices across funds, and a set of required functions that must be performed in order to determine in good faith the fair value of a fund’s investments for purposes of applying Section 2(a)(41) of the 1940 Act.
Originality/value
Practical guidance from experienced investment management lawyers.
Keywords
Citation
Palmer, C., Delligatti, P., Zutz, A. and Lane, W. (2021), "SEC updates regulatory framework for good faith determinations of fair value", Journal of Investment Compliance, Vol. 22 No. 2, pp. 201-213. https://doi.org/10.1108/JOIC-04-2021-0019
Publisher
:Emerald Publishing Limited
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