General Filling Information

General Filling Information


I have a related person that is registered as an investment adviser and identified on my or my related person’s Form ADV as a relying adviser or special purpose vehicle (“SPV”) in reliance on the no action letter issued to the American Bar Association on January 18, 2012. How do I include such related person in 1(b) given that the related person does not have a separate CRD or SEC file number?

We are working to upgrade the Private Fund Reporting Depository to allow filers to add a relying adviser or SPV as a related person on Form PF in Question 1(b) . Until that time, identify in that all relying advisers and SPVs that would otherwise be identified as related persons in Question 1(b) .

I am a registered adviser with more than $1 billion attributable to liquidity funds and money market funds that suppose I filed my initial report on Form PF before January 1, 2012. In programming our internal systems to report the information required by Form PF to meet our filing deadline, we made assumptions regarding how to respond to certain questions in the Form, some of which may be inconsistent with the guidance that has since been provided by the Staff. Should I amend the report that I’ve already filed regarding liquidity funds before my next quarterly filing obligation?

The Staff would not object if you do not amend the report you filed to meet your January 1, 2012 filing deadline if the assumptions you made regarding how to respond to certain question were inconsistent with the guidance that has since beenprovided by the Staff. You should reflect the Staff guidance in future required reports and, in your
next required filing.

I am a registered adviser with more than $5 billion in assets under management attributable to hedge funds that, as a result of the June 15, 2012 compliance date of Form PF, is required to file my initial report on Form PF before August 29, 2012. In programming our internal systems to report the information required by Form PF to meet our filing deadline, we made assumptions regarding how to respond to certain questions in the Form, some of which may be inconsistent with the guidance provided by the Staff after we programmed our internal systems to meet our initial filing deadline. Should I delay filing my report regarding hedge funds until I can reprogram my internal systems to reflect the Staff guidance?

You should meet your initial filing deadline. However, the Staff would not recommend enforcement action under section 207 of the Advisers Act if a large hedge fund adviser
required to comply with the June 15, 2012 compliance date of Form PF is unable to incorporate the guidance provided by the Staff prior to filing its initial report, provided
that:
(i) the adviser’s assumptions in completing its initial report were reasonable based on the facts and circumstances governing at the time its reporting system was being
developed,
(ii) the assumptions or other approaches taken by the adviser in reporting information on Form PF that are inconsistent with Staff guidance and
(iii) future required reports reflect the Staff guidance.