With all of the talk lately of new hedge fund regulations proposed by Obama and the likelihood of investment adviser registration for hedge fund managers, the focus has remained squarely on how to avoid hedge fund fraud situations and another Madoff. The following post is from the blog by Rick [...]
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June, 2009
Private Fund Transparency Act of 2009 Text of Statute
Text of New Hedge Fund Registration Bill Earlier we posted a press release about the Private Fund Transparency Act and that it would subject hedge fund managers to registration with the SEC. Below is the actual text of the statute. We will be bringing an in depth analysis of changes [...]
Obama’s New Hedge Fund Regulation Plan
Draft Speaks of IA Registration for Hedge Fund Managers As you have probably heard by now, Obama will be presenting his plan for an overhaul of the financial system later today. I have reviewed a copy of Obama’s Financial Regulation Proposal Draft and have reprinted some of the important aspects [...]
Hedge Fund Law Blog in New York Today
I have a couple of meetings planned today in New York, but I am potentially available to talk with hedge fund managers who are thinking of starting a hedge fund. Please feel free to contact me today to discuss.
Private Fund Transparency Act of 2009
Another Bill Introduced in Senate to Regulate Hedge Funds Congress now has three separate bills regarding hedge fund registration. The most recent bill is called the Private Fund Transparency Act of 2009 and was introduced by U.S. Senator Jack Reed (D-RI) on June 16, 2009. I will continue to update [...]
New Model For Hedge Fund Prime Brokerage?
Nirvana Solutions’ White Paper Predicts the Emergence of a New Model of Prime Brokerage – The Multi-Prime Service Platform San Francisco – June 15, 2009 – The financial crisis of 2008 has upset the relatively stable equilibrium previously maintained between hedge fund managers and their traditional service providers, according to [...]
NFA Discusses Recent Forex Regulations
Answers Regarding Prohibition of Hedging Spot Forex Transactions (www.hedgefundlawblog.com) The NFA has certainly taken a lot of heat over its controversial rule to ban the practice of “hedging” in a single spot forex account. Many retail investors have already begun establishing brokerage accounts offshore in order to utilize this trading [...]
Form U4 and Form U5 Amendments
NASAA Requests Comments on Proposed Changes Form U4 is the form used by Investment Advisory firms to register investment advisor representatives with their firm. It is also used by broker-dealers to register reps with their firms. Form U5 is used by both IA and BD firms to terminate a representative’s [...]
NFA Proposes New Amendments to Bylaw Governing NFA Membership
Proposes Amendments to Bylaw 301(a)(iii) On June 9th, 2009, the National Futures Association (NFA) submitted to the Commodity Futures Trading Commission (CFTC) proposed amendments to NFA’s Bylaw 301(a)(ii) regarding eligibility for membership. The proposed addition states that if any member fails to have at least one principal that is registered [...]
NASAA Applauds Obama’s Recent Directive on State Agency Preemption
President of the NASAA Sends Letter to President Obama in Support of Limiting Preemption of State Regulation In a letter dated June 9th, 2009, Fred Joseph, President of the North American Securities Administration (NASAA), applauded President Obama for his efforts to control preemption of state law in the area of [...]