(a) The board shall develop and implement, on or before June 30, 2010, a policy requiring the disclosure of payments to placement agents in connection with system investments in or through external managers. The policy shall include, but not be limited to, the following requirements:
(1) Disclosure of the existence of relationships between external managers and placement agents.
(2) A resume for each officer, partner, or principal of the placement agent detailing the person’s education, professional designations, regulatory licenses, and investment and work experience.
(3) A description of any and all compensation of any kind provided, or agreed to be provided, to a placement agent.
(4) A description of the services to be performed by the placement agent.
(5) A statement whether the placement agent, or any of its affiliates, are registered with the Securities and Exchange Commission or the Financial Industry Regulatory Association, or any similar regulatory agent in a country other than the United States, and the details of that registration or explanation as to why no registration is required.
(6) A statement whether the placement agent, or any of its affiliates, is registered as a lobbyist with any state or national government.
(b) Any external manager or placement agent that violates the policy shall not solicit new investments from the system for five years after the violation was committed. However, this prohibition may be reduced by a majority vote of the board at a public session upon a showing of good cause.
(c) The system shall not enter into any agreement with an external manager that does not agree in writing to comply with the policy.
(d) Nothing in this section shall require the board to take action as described in this section unless the board determines, in good faith, that the action described in this section is consistent with the fiduciary responsibilities of the board as described in Section 17 of Article XVI of the California Constitution.
(Added by Stats. 2009, Ch. 301, Sec. 4. (AB 1584) Effective October 11, 2009.)
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