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SEC | RIN: 3235-AN08 | Publication ID: Spring 2024 |
Title: Cybersecurity Risk Management for Investment Advisers, Registered Investment Companies, and Business Development Companies | |
Abstract:
The Division is considering recommending that the Commission adopt rules to enhance fund and investment adviser disclosures and governance relating to cybersecurity risks. The Commission proposed new rules to require registered investment advisers ("advisers”) and investment companies ("funds”) to adopt and implement written cybersecurity policies and procedures reasonably designed to address cybersecurity risks. The Commission also proposed a new rule and form under the Advisers Act to require advisers to report significant cybersecurity incidents affecting the adviser, or its fund or private fund clients, to the Commission. With respect to disclosure, the Commission proposed amendments to various forms regarding the disclosure related to significant cybersecurity risks and cybersecurity incidents that affect advisers and funds and their clients and shareholders. Finally, the Commission proposed new recordkeeping requirements under the Advisers Act and Investment Company Act. |
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Agency: Securities and Exchange Commission(SEC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 17 CFR 275.206(4)-9 (New) 17 CFR 270.38a-2 (New) 17 CFR 275.204-6 (New) | |
Legal Authority: 15 U.S.C. 80a-30(a) 15 U.S.C. 80a-37(a) 15 U.S.C. 80b-4 15 U.S.C. 80b-11 15 U.S.C. 80b-3(d) 15 U.S.C. 80b-6(4) 15 U.S.C. 80b-11(a) 15 U.S.C. 80b-11(h) 15 U.S.C. 80a-8 15 U.S.C. 80a-29 15 U.S.C. 80a-37 15 U.S.C. 80b-3(c)(1) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: YES | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
RIN Data Printed in the FR: Yes | |
Agency Contact: Robert Holowka Branch Chief, Division of Investment Management Securities and Exchange Commission 100 F Street NE, Washington, DC 20549 Phone:202 714-0905 Email: holowkar@sec.gov |