Exam alerts provide a quick summary of the information covered in the Developing Solutions for Microsoft Azure exam. This exam alert will review the objectives covered in the Azure Compute Solutions domain.
David is a Webby Award winning cloud development consultant that focuses on cloud native web, mobile, and IoT applications. For over fifteen years as a consultant David has led custom software development on emerging platforms for companies such as FedEx, AT&T, Sony Music, Intel, Comcast, Herman Miller, Principal Financial, and Adobe (as well as many others).David regularly writes and speaks on the digital landscape with published works for O'Reilly and Lynda.com. He has written for Mashable,... more Smashing Magazine, and VentureBeat, and he has spoken at events like AdTech, Interop, and Adobe Max.
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The AAMC Fee Assistance Program assists those who, without financial assistance, would be unable to take the MCAT exam or apply to medical schools that use the AMCAS. The benefits include discounted fees, free MCAT Official Prep products, and more.
In terms of frequency of examinations, the Division indicated that, as in prior years, priorities for being selected for an examination include advisers that have never before been examined (many of which are examined 12 months after registration) and advisers that have been registered for a number of years but have not been examined in recent years.
Noting that advisers to private funds continue to be a significant portion of the SEC-registered investment advisers, the Division stated that it will again focus examinations on private fund advisers and identified the following topics as priorities:
The Division will continue its focus on certain services provided by investment advisers, including automated investment tools, artificial intelligence and trading algorithms or platforms, and the risks associated with the use of emerging technologies and alternative sources of data. We have already seen this year a targeted (and ongoing) examination sweep of advisers regarding their potential use of artificial intelligence in the research and investment process.
Additional examination topics the Exam Staff will focus on include: Material Nonpublic Information Controls; Accuracy of Regulatory Filings; Supervision of Multiple Offices of the Adviser; Consent to Changes in Governing Documents; and Cybersecurity Risks and Controls.
Given the continued volatility of, and activity around, the crypto markets, the Division will continue to monitor and, when appropriate, conduct examinations related to crypto investing activities. With respect to crypto assets that the SEC believes are funds or securities, the Division emphasized that it will consider whether advisers are complying with the Custody Rule with respect to those assets. In addition, the Division will assess whether any technological risks associated with the use of blockchain and distributed ledger technology have been addressed, including whether compliance policies and procedures are reasonably designed, accurate disclosures are made, and the risks pertaining to the security of crypto asset securities are addressed.
The Priorities also highlight that the Division will review whether advisers are monitoring for and complying with the sanctions laws administered by the US Department of the Treasury's Office of Foreign Assets Control, which is consistent with some of the sanctions-focused examinations that started in 2022 at the outset of the recent Russia-Ukraine war.
[3] See Form PF; Event Reporting for Large Hedge Fund Advisers and Private Equity Fund Advisers; Requirements for Large Private Equity Fund Adviser Reporting, -6297.pdf. Also see our Alert on how to prepare for these changes, -form-pf-reporting-changes-effective-dec-11-2023-and-june-11.html.
[5] Notably, in the adopting release for the Private Fund Advisers Rule, the SEC articulated concerns that, in certain situations, LPACs or boards of directors may not have sufficient independence, authority, or accountability to oversee and consent to conflicts of interest, and it is possible that these concerns could become more prominent in SEC exams.
[8] The compliance date for new Section 5, which addresses current reporting events for large hedge fund advisers, and new Section 6, which addresses quarterly reporting events for all private equity fund advisers, is Dec. 11, 2023. The compliance date for amended Section 4, which addresses annual reporting for large private equity fund advisers, is June 11, 2024. See -form-pf-reporting-changes-effective-dec-11-2023-and-june-11.html.
This communication is issued by Schulte Roth & Zabel LLP for informational purposes only and does not constitute legal advice or establish an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. 2023 Schulte Roth & Zabel LLP. All rights reserved. SCHULTE ROTH & ZABEL is the registered trademark of Schulte Roth & Zabel LLP.
Schulte Roth & Zabel represented HealthpointCapital, the leading private equity firm focused exclusively on musculoskeletal healthcare, in the acquisition of a majority stake in SteriCUBE Holdings, Inc. and its patented, environmentally friendly Multiple Tray Sterilization System technology that sterilizes instrument-holding trays used in orthopedic and cardiac surgeries.
In celebration of Asian American Pacific Islander Heritage Month and as part of the Schulte Speaker Series, the Asian Pacific Islander Affinity Group was honored to host author, culture critic, podcaster, and communications strategy professional Jeff Yang for a discussion about the evolving role of Asians in American cinema.
In celebration of Jewish American Heritage Month and as part of the Schulte Speaker Series, the Jewish Affinity Group and the First Generation Professionals Group were honored to host writer/journalist Jordan Salama for an inspiring session about lineage, legacy and storytelling.
In a decision that has major implications for the shareholder activism space, the United States Court of Appeals for the Second Circuit became the first circuit court in the country to hold that an investor can moot a Section 13(d) claim related to missing or inadequate disclosures by disclosing the existence of the dispute itself, making it more difficult for incumbent management to use Section 13(d) as a weapon in proxy contests.
On February 7, 2018, the SEC's Office of Compliance Inspections and Examinations ("OCIE") published its 2018 National Exam Program Examination Priorities (the "2018 Exam Priorities").1 When compared to those of the prior five years, on the whole, OCIE's priorities have not shifted dramatically. Perhaps the most noticeable difference in the 2018 Exam Priorities versus those in prior years is the lack of a specific mention of private fund advisers, which were explicitly highlighted in OCIE's 2016 and 2017 exam priorities. While this is certainly a shift from previous years, private fund advisers should not assume that OCIE is completely deprioritizing the examination of private fund advisers. As OCIE specifically outlined in the core principals section of the 2018 Exam Priorities, the SEC is using a risk-based approach in conjunction with technology and data to do more with less.
As innovation in financial markets continue and with the ever-increasing risks in the cyber arena, it is not surprising that the 2018 Exam Priorities focused on many of the issues being covered by the mainstream financial media (i.e., retirees, cybersecurity, crypto assets, and anti-money laundering). Investment advisers should expect that in addition to more typical issues covered in OCIE's exams (e.g., conflicts of interest), OCIE exams will focus on the following key areas:
In addition to issues applicable to private fund advisors, OCIE is keenly focused on advisers that provide electronic investment advice (so called "robo-advisers"). The 2018 Exam Priorities note that OCIE will continue to concentrate on the processes and compliance policies and procedures of robo-advisers and investment advice offered through automated or digital platforms to retail investors. Firms that utilize these technologies should concentrate on maintaining robust compliance and data protection programs in addition to providing appropriate disclosures to clients and prospective clients. 152ee80cbc
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