Insights

New York – June 6, 2024: Christopher Mendez, former general counsel and chief compliance officer at several investment management firms, has joined Crowell & Moring’s Financial Services Group as senior counsel in New York, bringing in-depth experience advising on fund formation and other corporate matters.

Historically, SEC-registered investment advisers have not been subject to comprehensive AML regulation under the Bank Secrecy Act (“BSA”) unless they also qualify as a broker-dealer or other BSA-regulated financial institution. Notwithstanding the absence of a formal requirement to date, many SEC-registered investment advisers have voluntarily adopted AML programs in line with industry expectations and investor demands. However, on August 28, 2024, FinCEN issued its Final Rule, establishing anti-money laundering/countering the financing of terrorism (“AML/CFT”) requirements for Covered Advisers similar to those that apply to broker-dealers. The Final Rule, which was scheduled to take effect on January 1, 2026, required Covered Advisers to maintain written AML programs, perform customer due diligence, file Suspicious Activity Reports (“SARs”) and other reports required of BSA-regulated financial institutions, and retain standard AML records.  

The Annual Global Fund Finance Symposium was held in Miami from 26-28 February 2025. The symposium typically brings together all major market participants in fund finance and this year was no exception, with over 2,500 delegates attending.

On February 7, 2025, the U.S. Securities and Exchange Commission announced a one-year temporary exemption from compliance with Exchange Act Rule 13f-2 ("Rule 13f-2") and related Form SHO filing requirements (the "Exemptive Relief"). This exemption defers the first Rule 13f-2 reporting period to January 2026, with the initial Form SHO filings now due by February 17, 2026. Before this relief, the compliance deadline was January 2025, with Form SHO filings due by February 14, 2025.[1]

Thursday, October 10, 2024Understanding FinCEN's Final Rule: AML/CFT Compliance for Investment AdvisersClick here to view the on-demand webinar program.On August 28, 2024, the Financial Crimes Enforcement Network (FinCEN) issued a final rule that will impose new anti-money laundering and countering the financing of terrorism (AML/CFT) requirements on SEC-registered investment advisers and exempt reporting advisers. Join us for an insightful webinar on the new regulatory requirements issued by FinCEN. This session will provide a comprehensive overview of the specific requirements for AML/CFT compliance programs, as well as key takeaways and issues to keep top of mind as we move into this new enforcement era.