The Securities and Exchange Commission (SEC) has charged registered investment advisers Hudson Advisors and Lone Star Global Acquisitions for including Hudson’s owner’s anticipated income tax liability as a component of certain fees charged to 14 funds they managed.
The Securities and Exchange Commission (SEC) has charged registered investment advisers Hudson Advisors and Lone Star Global Acquisitions for including Hudson’s owner’s anticipated income tax liability as a component of certain fees charged to 14 funds they managed.
Hudson and Lone Star Global have agreed to pay $11.2 million in civil penalties and have reimbursed the affected funds $68.5 million, which includes interest on the undisclosed tax liability charges.
According to the SEC’s order, between at least 2005 and 2017, Hudson included $54.6 million of its owner’s anticipated US tax liability in fees charged to the funds. By law, these tax liabilities were payable by the owner rather than by Hudson. The SEC’s order finds that Hudson and Lone Star Global never disclosed the inclusion of these tax liabilities to their clients. The order also finds that Hudson and Lone Star Global were not authorised to charge this fee component without full and fair disclosure to the funds. Lastly, the order finds that Hudson and Lone Star Global failed to implement appropriate policies and procedures in connection with conflicts of interest and disclosure of fees charged to advisory clients.
Without admitting or denying the SEC’s findings, Hudson and Lone Star Global agreed to a cease-and-desist order finding that they violated Sections 206(2) and 206(4) of the Investment Advisers Act of 1940 and Rules 204(6)-7 and 206(4)-8 thereunder, and ordering them to pay the $11.2 million penalty.
