A sweeping change sought by the Securities and Exchange Commission would take fund managers' culpability a step further than current standards if they don't effectuate a greater standard of care.
The rule change involves lowering the bar for indemnification of fund managers to "ordinary negligence" from "gross negligence."
"It would monumentally change the relationship between fund managers and investors," said Marc Elovitz, partner and chair of the regulatory practice at Schulte Roth & Zabel, in an interview for the Delivering Alpha Newsletter.
And investment managers are going to have a hard time protecting themselves from being on the hook for those risks."
However, ILPA said that, "an ordinary negligence standard as applied to breach of contract would assure meaningful progress."
Persons:
Marc Elovitz, Schulte Roth, Zabel, Schulte's Elovitz, ILPA, Gary Gensler
Organizations:
New York Stock Exchange, Securities and Exchange, Alpha, Institutional Limited Partners Association, SEC, Fund Advisers
Locations:
New York City