Clayton wants retirement investors to have more access to private funds

Clayton wants retirement investors to have more access to private funds
SEC chairman indicates desire to modify accredited investor standard.
APR 09, 2019

Securities and Exchange Commission chairman Jay Clayton wants retirement investors to have greater access to private funds. In an interview Tuesday at the U.S. Chamber of Commerce in Washington, Mr. Clayton said managers of traditional defined-benefit pension plans can make investments in private equity and other illiquid offerings, which can achieve greater returns than public companies, that cannot be made by individual investors in 401(k) or individual retirement accounts. "That retirement money in the defined-contribution plan doesn't have the same investment opportunities that a defined-benefit plan has, even though they're both retirement dollars," Mr. Clayton told David Rubenstein, co-founder and co-executive chairman of the Carlyle Group, a private-equity firm with $216 billion in assets under management. Although Mr. Rubenstein said he didn't want to lobby Mr. Clayton on the air, he did make a pitch for letting retirement investors allocate a small amount of their assets to private offerings. "Probably wouldn't be that damaging if 5% of it was lost or didn't do as well," Mr. Rubenstein said, referring to a portion of one's retirement portfolio. "So, some percentage maybe should be allowed." Mr. Rubenstein criticized the SEC's accredited investor rule, which requires investors to meet a certain income or net-worth threshold to qualify to purchase private investments such as those his firm manages. He used the example of a man who inherited $100 million from his parents but was a high school dropout and "barely literate." That person would qualify as an accredited investor. Mr. Rubenstein countered this with an example of someone who graduated at the top of his Harvard class in economics but took a job with a nonprofit. That person wouldn't qualify to buy private securities. "You just outlined some of the problems with our current rule," Mr. Clayton said. The SEC is considering modifications to the accredited investor standard, and bills are likely to be re-introduced this year in Congress that would allow people with certain expertise or professional credential to participate in private offerings even if they don't meet the income and net-worth criteria. Last year, more capital was raised in the private markets than in the public markets, and unqualified investors don't have access to those opportunities, Mr. Clayton said. "We want to make sure retail is not left behind," he said.

Latest News

Stratos Wealth Holdings closes 11 acquisitions in push for advisory scale
Stratos Wealth Holdings closes 11 acquisitions in push for advisory scale

RIA aggregator adds $4.8 billion in client assets across seven states as demand grows for alternatives to traditional succession models.

Beyond wealth management: Why the future of advice is becoming more human
Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

Shareholder sues FS KKR Capital board, alleges NAV and dividend cover-up
Shareholder sues FS KKR Capital board, alleges NAV and dividend cover-up

Shareholder targets FS KKR Capital's directors over alleged portfolio valuation and dividend missteps.

UBS loses $1.2 million arbitration claim linked to variable annuities and margin
UBS loses $1.2 million arbitration claim linked to variable annuities and margin

UBS has a history of costly litigation stemming from the sale of volatile investment products.

'We are monitoring the situation,' SEC says of private funds
'We are monitoring the situation,' SEC says of private funds

New director David Woodcock puts firms on notice over fees, conflicts, and liquidity risk as private credit shows signs of stress.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline