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March, 2009

CFTC Fines BD/FCM For Books and Records Violations

Firm Fails to Institute Procedure for Bunched Orders (www.hedgefundlawblog.com) The fines can be hefty for breaking CFTC regulations or NFA rules.  We have seen a large number of actions both with the SEC and the CFTC as well as with the NFA.  Below is another example of a group who [...]

30 March

Bunched Orders and Separately Managed Accounts

Separately Managed Account Managers May Bunch Orders for Better Execution One reason why the hedge fund structure is so popular with investment managers is that a single investment strategy can be implemented in one account.  Separately managed account managers, however, often have multiple accounts and need to execute the same [...]

NFA Prohibits CPO Firm From Doing Business

For Immediate Release For more information contact: Larry Dyekman (312) 781-1372, ldyekman@nfa.futures.org Karen Wuertz (312) 781-1335, kwuertz@nfa.futures.org NFA takes an emergency enforcement action against GlobeFX Club, Inc. March 24, Chicago – National Futures Association (NFA) announced today that it has taken an emergency enforcement action against GlobeFX Club, Inc. (GlobeFX [...]

16 March
Posted in Forex

Discussion about Forex Registration and the Series 34 Exam

(www.hedgefundlawblog.com) Creating Series 34 Exam Prep Materials One central issue in the investment management industry is increases in regulation of previously unregulated or lightly regulated activities.  The major area which will see direct regulation within the next 12 months is the retail off-exchange foreign currency industry.  As we have discussed, [...]

12 March

Hedge Fund Law – State Law Issues

Dealing with Ambiguous State Securities Laws An issue which often arises during the planning phase of the hedge fund formation process is whether certain state securities or investment advisory laws or regulations apply to a certain fact situation.  Many times these issues arise in the context of investment advisor registration [...]

NASAA Proposes Multi-State No-Action Request Process

Currently each state has their own securities laws and their own interpretation of those laws.  While many of the laws and regulations are based on the same set of model rules, no two states seem to take the same interpretation with regard to the rules.  Enforcement is completely different as [...]

10 March

Increase Hedge Fund Transparency

Allowing Investor Viewing Access to Brokerage Account I have recently been talking with many hedge fund service providers about what they are seeing in the industry right now.  The following quote aptly summarizes what I have been hearing: it’s a buyer’s market and managers need to be mindful if they [...]

4 March

Schwab Drops Hedge Fund Platform

Self Directed IRA Investments in Funds Likely to Become Harder to Accomplish In an earlier article about hedge fund IRA investments I discussed the general process which an investor will need to go through in order to invest their IRA assets in a hedge fund.  As a gross generalization the [...]

Hedge Fund Legal Services

Cole-Frieman & Mallon LLP provides comprehensive legal services for new and existing hedge funds as well as for other investment management companies.

If you are thinking of starting a hedge fund or an incubator fund, please call Bart Mallon of Cole-Frieman & Mallon LLP today at
415-868-5345.

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