CPOs Prohibited From Taking Loans From Commodity Hedge Funds The CFTC just recently approved a new NFA compliance rule which prohibits commodity pool operators (CPOs) from taking loans from the commodity pools which they manage. Additionally, if a CPO currently has some sort of a loan arrangement with their fund, [...]

Over the past few months I have written extensively about the new regulatory environment and the likelihood that many hedge fund managers will need to register with the SEC within the next year or so (assuming that Congress passes one of many proposed registration bills).  Anticipating this requirement, my team [...]

Section 13(d) of the Securities Act of 1934 requires any person who beneficially owns 5% or more of a class of equity securities of a publicly traded company to file a report with the SEC within 10 days of reaching the 5% ownership threshold.  SEC Rule 13d-1 provides more detailed [...]

I have written before that the biggest issue start-up and emerging hedge fund managers face is raising capital for their funds.  I seem to have the same conversation on a weekly basis – the “how to do I grow my fund” conversation.  Unfortunately I do not have the guaranteed step-by-step [...]

I would like to take this opportunity to thank Ovis Creative for the wonderful job that they have done on the design of my business cards.  Lauren Colonna, the firm’s Principal/Creative Director, has created marketing materials (including pitchbooks and tearsheets) for some of the largest and most successful hedge funds [...]

SEC Proposal Would Ban Third Party Solicitors from Seeking Public Monies Back in July there was much discussion about new “pay to play” rules proposed by the SEC.  The proposed “pay to play” rules would limit the ability of investment managers (including hedge fund managers) to make political contributions and [...]

Q&A For New FINRA Exam License We have fielded a number of questions regarding the new Series 79 exam for investment banking professionals.  We are creating this question and answer page as a service to our readers.  We will attempt to answer questions as best as possible and our understanding [...]

Carbon Emission Trading Likely to See Future Regulation The Waxman-Markey cap and trade bill which was passed in Congress earlier this year (currently waiting for Senate approval) has had a number of interested parties discussing what cap and trade regulation in the U.S. will look like and how the various [...]

Embarrassed Agency Would Get Much Needed Funding “The SEC’s failure to catch Bernie Madoff shows a level of incompetence unseen since FEMA’s handling of Hurricane Katrina” — Charles Schumer To say that the SEC is or should be embarrassed about the Madoff scandal is an understatement (please see our most [...]

Hedge Fund Events in September, October & November 2009 September 23, 2009 – Southeastern Hedge Fund Association Meting October 7, 2009 – Bay Area Hedge Fund Roundtable October 8, 2009 – South Florida Hedge Fund Managers October 21, 2009 – Portland Alternative Investment Association November 5, 2009 – Connecticut Hedge [...]