From the category archives:

Investment Advisor

California Investment Advisor Annual Compliance Reminder | 2010

February 14, 2010

(www.hedgefundlawblog.com)
State registered investment advisory firms usually have annual compliance requirements.  The following discusses the major issues for investment advisors (both hedge fund and separately managed account managers) who are registered in California.  In general, there is (i) an annual updating requirement and (ii) an annual financial filing requirement.
Annual ADV Updating Amendment
Registered investment advisers will need [...]

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Series 65 and Series 66 Passing Grade Increased

November 27, 2009

IA Exams Pass Rates Expected to Plummet

The North American Securities Administrators Association (“NASAA”) recently announced that the two central investment advisor exams (the Series 65 and the Series 66) will become even more difficult.  Starting January 1, 2010 candidates will need to attain a score of 72% in order to pass the Series 65 exam [...]

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CPO Reporting Requirements | Commodity Pool Operator Compliance

November 20, 2009

CFTC Regulation 4.22 Overview

CFTC registered commodity pool operators have a number of regulatory and compliance issues to be aware of.  In addition to a having a compliance program which addresses the business and regulatory issues applicable to the manager, one of the more important compliance requirements is found in CFTC Regulation 4.22 which provides the [...]

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Hedge Funds and Insider Trading after Galleon

November 15, 2009

By Bart Mallon, Esq. (www.mallonpc.com)

High Profile Case Highlights Issues for Hedge Fund Managers to Consider
Insider trading is now an operational issue for hedge fund managers.  The high profile insider trading case involving RR and the Galleon hedge fund has put the spotlight directly on hedge funds again and has also sparked a debate of sorts [...]

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Section 204A | Investment Advisers Act of 1940

November 12, 2009

Section 204A — Prevention of Misuse of Nonpublic Information
Every investment adviser subject to section 204 shall establish, maintain, and enforce written policies and procedures reasonably designed, taking into consideration the nature of such investment adviser’s business, to prevent the misuse in violation of this Act or the Securities Exchange Act of 1934, or the rules [...]

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Public Comments on SEC Proposed “Pay to Play” Rules

November 4, 2009

SEC Proposed Pay to Play Rules Draw Many Comments
Earlier this year the SEC proposed so-called “pay to play” rules which would restrict SEC registered investment advisers from managing money from state and local governments under certain circumstances.  According to the SEC press release, “the measures are designed to prevent an adviser from making political [...]

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Update on H.R. 3818 | Hedge Fund Registration Bill

October 30, 2009

As has been reported by a number of groups the Private Fund Investment Advisors Act of 2009 was approved by the House Financial Services Committee by a vote of 67-1.  The proposed bill underwent a number of significant changes during the committee meeting.  The attached document shows (in redline format) the changes which were made [...]

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H.R. 3818 | Hedge Fund Registration

October 27, 2009

Bart Mallon, Esq. (http://www.hedgefundlawblog.com)
Private Fund Investment Advisers Registration Act of 2009 (text of act)
Below is the final text of the hedge fund registration bill as passed by the House Financial Services Commission.
****
111th CONGRESS
1st Session
H. R. 3818
To amend the Investment Advisers Act of 1940 to require advisers of certain unregistered investment companies to register with and [...]

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Investment Adviser Representative Registration Requirement

October 18, 2009

Employees of Registered IAs Must Generally be Registered
State registered investment advisory firms need to make sure that their employees who are deemed to be “investment advisory representatives” are appropriately registered. This means that any employee (or owner) of the IA firm who provides investment advice or who has supervisory authority will generally need to [...]

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IARD Fee Waiver for 2010

October 13, 2009

The press release below from NASAA, the representative body of the state securities administrators, announces an IARD (Investment Adviser Registration Depository) fee waiver for next year.  The fee waiver will cover both the IARD fees for registering investment advisory firms as well as the fees for individuals.  Previously firms had to pay an IARD fee [...]

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