On 5 June 2024, the United States Court of Appeals for the Fifth Circuit vacated the Private Fund Adviser rule (“Rule”) in its entirety on the grounds that the SEC, in enacting the Rule, had exceeded its statutory authority. The Rule was adopted by the SEC in August 2023 and would have fundamentally changed the regulatory landscape for private equity funds and their investors. The outcome was somewhat unexpected as in oral arguments the petitioners only directly challenged three of the five provisions that make-up the Rule and there was significant discussion as to whether the five provisions of the Rule should be considered a single rule or if the five provisions should be considered separately.
Author
Nikole K. Zoumberakis
BrowsingNikole Zoumberakis is a partner in the Los Angeles office of Baker McKenzie. Her practice is focused on the formation and operation of private investment funds, including private equity, venture capital and real estate, and other investment advisory businesses. She also represents family offices and other institutional investors in their investment transactions.