Category Archives: Education Fund

SEC Building

Letters to Regulators: Letter to the SEC in Response to Request for Comment on Certain Information Providers Acting as Investment Advisors

AFREF sent a letter to the Securities and Exchange Commission supporting its proposal to treat index providers as investment advisers given the many traits of index providers that resemble investment advice.

Such proposals are necessary as index funds have grown to become a multi-trillion dollar industry but one whose decisions to include or exclude issuers from the indices, and which many fund managers must closely follow, remain opaque and feature a number of conflicts-of-interest. 

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SEC Building

Letters to Regulators: Letter to the SEC Commenting on Listing Standards for Recovery of Erroneously Awarded Compensation

AFREF submitted a comment letter in support of the SEC’s proposed rule on clawbacks of erroneously-awarded executive compensation. Once finalized, the rule will signify the long-overdue implementation of a Dodd-Frank provision that sought to improve incentives for honest and transparent corporate governance by creating a mechanism for the clawing back of compensation awarded based on inaccurate financial statements. AFREF submitted a comment in support of the proposed rule in 2015, and submitted this additional comment to answer questions raised by the Commission upon reopening the comment period

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lawyer signing a document Photo by Helloquence on Unsplash

Letters to Regulators: Follow Up Comment to the SEC on Private Funds

AFREF sent a Follow Up Comment to the Securities and Exchange Commission expressing support for its proposals that would require private fund advisers to provide their investors with greater and more detailed information around the fees, expenses, returns, and bilateral investment relations (via side letters). We echo many of the comments the SEC has since received since its initial comment period and reflect how current market conditions make the Commission’s proposals especially a priority given the variation in the reporting and valuation of private market assets. 

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SEC Building

Letters to Regulators: Comment to the SEC on SPACs

AFREF sent a letter to the Securities and Exchange Commission expressing its support for its many proposals that would amend the definition of a “blank check company” to include the current and any future iterations of Special Purpose Acquisition Companies (SPACs). Such proposals would impose greater liability on many involved in the creation and distribution of SPACs and provide investors with greater transparency into the forward looking projections that the issuers of SPACs have been misleadingly overly optimistic with.

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