SEC Division of Examinations Releases 2023 Examination Priorities

Highlights
The Division of Examinations of the SEC published its list of examination priorities for 2023
Private fund sponsors remain a continued focus for the SEC
For the first time, the SEC included a list of fund types it expects to focus on, including digital asset and commercial real estate funds, continuation funds, funds managed side-by-side with business development companies, highly leveraged funds and funds that have engaged affiliated service providers
While the SEC’s Division of Enforcement does not publish a list of priorities, it is widely understood to provide input on this list
On Feb. 7, 2023, the Division of Examinations of the Securities and Exchange Commission (the “Division” of the “SEC”) published its list of examination priorities for 2023. Each year, the Division prioritizes the examination of certain practices, products and services that it believes present potentially heightened risks to investors or the integrity of U.S. capital markets.
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