Dealing With Deficiencies: Strategies for Responding to the SEC and Drafting Deficiency Response Letters

Thursday, February 6, 2025

Alexander Cohen was quoted in a Private Equity Law Report article discussing the steps a fund manager should take if they disagree with the Examinations staff’s findings in a deficiency letter. “You want to lay out your concerns and follow up in writing to give them an opportunity to digest everything,” said Alex. “Make sure you are communicating with them in a way that acknowledges their concerns and demonstrates your focus on understanding the issues that need to be addressed.” 

Alex also commented on the importance of a systemically organized deficiency response letter. “Address each of the deficiencies one at a time,” he said. “Jumping around and using a scattershot approach confuses the issues, creates distractions, and limits the staff’s ability to understand your response to the issues.”  

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