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May, 2009

31 May

NASAA Takes Sides on Proposed Hedge Fund Legislation

Endorses House Bill Over the Grassley-Levin Hedge Fund Bill Last week the North American Securities Administrators Association (NASAA) announced its support of the Hedge Fund Adviser Registration Act of 2009, a house bill introduced earlier this year by Representatives Capuano and Castle.  The Hedge Fund Adviser Registration Act is one [...]

NFA Cracks Down on CPO Fraud with New Compliance Rule

Proposes Amendments to Compliance Rule 2-45 The National Futures Association (NFA) proposed new amendments to Compliance Rule 2-45 regarding prohibition of loans by pools to commodity pool operators and related parties.  The amendment states that no Member CPO may permit a commodity pool to use any means to make a [...]

Proposed Amendments to the Investment Advisers Act: SEC Requests Feedback

The Securities and Exchange Commission (SEC) is proposing certain amendments to the custody rule under the Investment Advisers Act of 1940 and related forms. Due to the complexity of the various impositions placed on industry professionals by the proposed amendments, the SEC is formally requesting feedback from industry professionals regarding [...]

CPO Exemption for Fund of Hedge Funds

As we have discussed previously, if a hedge fund manager invests fund assets in commodity interests (including futures), then the manager will generally need to be registered as a commodity pool operator (CPO) with the Commodity Futures Trading Commission (CFTC).  The registration requirement also applies to fund of fund (FOF) [...]

15 May
Posted in Forex

Offshore Forex Brokers Race To Fill “Hedging” Gap

NFA Compliance Rule 2-43 Outlaws Forex “Hedging” For NFA Registered Forex Dealers (www.hedgefundlawblog.com) The new forex regulations have affected the industry in a number of ways.  Rule 2-43 especially has been a source of ire for some forex managers who have utilized a “hedging strategy” as part of their investment [...]

14 May

SEC Proposes More Onerous Custody Rules For Hedge Fund Managers

Hedge Funds to be Subject to “Surprise Exams” In addition to the likelihood of hedge fund registration, the SEC is now proposing to have “gatekeepers” to make sure that investment advisors are not engaged in any fraudulent behavior.  When and if such a requirement is adopted, it will further burden [...]

14 May
Posted in Uncategorized

Northwest Hedge Fund Society Event

Green Hedge Fund Discussion The Northwest Hedge Fund Socitey will be having an event on Thursday, May 21 at 6pm.  I will be attending this event and in Seattle that day as well. Event Details: This event is generously sponsored by EzeCastle Integration and NorthPoint Trading Partners, LLC.  Eze Castle [...]

13 May

Hedge Fund Incubating and Seeding

Syndicated Post on Hedge Fund Seeding As I mentioned in a previous article about hedge fund compensation, I have recently come across a very good blog called Ten Seconds Into the Future by Bryan Goh of First Avenue Partners, a hedge fund seeder.  Bryan’s posts are very insightful and I [...]

MFA Supports Hedge Fund Registration

MFA Lobbyist Testifies to Congress Regarding Hedge Fund Registration In a somewhat surprising move, the MFA stated to Congress today that it supports registration for hedge fund managers.  Below is a press release regarding the statement.  The MFA also released its final written testimony to Congress which can be found [...]

Bay Area Hedge Fund Roundtable Event

Panel Discussion on State of Hedge Fund Industry Yesterday afternoon (May 6th) the Bay Area Hedge Fund Roundtable, a group of professionals within the hedge fund industry, gathered for a panel presentation entitled “Change…Critical Legal, Tax, Acounting and Regulatory Updates You Need to Know.”  The presentation was moderated by Pamela [...]

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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