Investment Company Notebook

Practical insight and analysis on the accounting, audit and tax issues impacting investment companies.

Lori Ehleben

What's In an (Investment Company) Name?

Posted by Lori Ehleben Jun 30, 2022 12:15:00 PM

The Securities and Exchange Commission has long enforced consistency between the name and strategy of a regulated investment company.

The original “Names Rule,” Rule 35d-1 of the Investment Company Act of 1940, was issued in 2001 and was intended to help ensure a fund’s name does not misrepresent the fund’s investments and risks to investors. It generally requires that if a fund’s name suggests a focus in a particular investment type, industry or geographic region, the fund must adopt a policy to invest at least 80% of its assets accordingly. Similarly, if the fund’s name suggests that its distributions are tax-exempt, for example, the investment policy must adhere to this claim.

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PCAOB Implements User-Friendly Improvements In Inspection Reports

Posted by Lori Ehleben Sep 2, 2020 4:53:00 PM

The Public Company Accounting Oversight Board (“PCAOB”) PCAOBwas established to oversee the audits of public companies in order to protect investors. The PCAOB inspects registered firms on a periodic basis to review samples of firms’ issuer audits and their system of quality control. Recently, the PCAOB implemented revisions to the format of their inspection report in order to make the content more informative and useful to the public.

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A New Spin On Spin-Offs

Posted by Lori Ehleben May 15, 2020 5:39:50 PM

Are registered funds recording taxable spin-off transactions correctly?

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SEC Updates the Loan Rule

Posted by Lori Ehleben Jul 12, 2019 4:59:35 PM

In June 2019, the SEC issued amendments to Rule 2-01 of Regulation S-X (“the Loan Rule”). The amendments now more effectively identify whether independence may be impaired with respect to an audit client when the audit firm or its covered members have a lending relationship with certain shareholders of that audit client. 

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It's a Matter of Opinion... Changes To Auditor's Reports For Audits of Private Funds and Investment Advisors

Posted by Lori Ehleben Jul 2, 2019 11:08:50 AM

May 2020 Update: As a result of the COVID-19 pandemic, in May 2020 the Auditing Standards Board issued new guidance providing for a one-year delay to the effective date of SAS No. 134, which will now be effective for audits of financial statements ending on or after December 15, 2021 and also allows for early implementation.

Non-public entities, including private funds and investment advisors, will likely see changes to Auditor’s Reports, or the Opinion, included beginning with December 2020 audited financial statements. 

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