Investment associations sue SEC over rule intended to promote transparency

A group of associations representing private investment funds, including the National Venture Capital Association, jointly filed a lawsuit in the 5th Circuit Court of Appeals against the U.S. Securities and Exchange Commission (SEC). The suit seeks to overturn the agency’s recent rule that among other things requires fee, audit, and performance disclosures from private fund managers. The opening brief, which became available last week, argues that the rule should be vacated because it overrides Congress’s deliberate exclusion of private funds from this type of oversight, that the costs to funds and investors of implementing the rule outweigh the potential benefits, and a host of procedural missteps during the rulemaking process. For its part, the SEC has defended the rule as being necessary to address insufficient transparency and exposure to conflicts of interest that threaten regular investors as pension and retirement funds increasingly participate in private investment vehicles.