Do you accelerate monitoring fees? Don’t say you ‘may’ in your Form ADV.

SEC, Jina Choi, private equity
A general exterior view of the U.S. Securities and Exchange Commission (SEC) headquarters in Washington, June 24, 2011. REUTERS/Jonathan Ernst
  • SEC wants definitive disclosure about routine business practices
  • The word “may” not always appropriate
  • GPs should analyze whether use of “may” is appropriate
Add to the list of things buyout executives should worry about to avoid running afoul of the SEC. If your firm, say, routinely accelerates monitoring fees — a practice that rubs many investors the wrong way —don’t just say you “may” do ...

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