Technology Solutions for Registered Hedge Fund Managers http://www.hedgefundlawblog.com It is the final quarter of this year’s political season and it has become clear that the earlier clamor for hedge fund registration has been overshadowed by larger political issues – namely health care legislation and the cap and trade bill.  Recent [...]

SEC Commissioner Aguilar Proposes Registration For Funds with as little as $25MM of AUM Just today I had an opportunity to review the transcript of a speech by SEC Commissioner Aguilar in which he advocates that funds with as little as $25MM of AUM should register with the SEC.  Such [...]

As part of the new Obama financial regulation plan, which includes potentially the registration of hedge fund managers with the SEC, the Whitehouse has sent a draft to congress of the new Consumer Financial Protection Agency Act of 2009 (CFPAA of 2009).  The act would create a new government agency [...]

Access to Records under the Delaware Uniform Limited Partnership Act A vast majority of hedge funds are structured as limited partnerships under the Delaware Uniform Limited Partnership Act (the DULPA).  The code is very flexible and allows the limited partnership agreement (LPA) to be drafted in a very manager-friendly manner. [...]

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 [...]

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 [...]

Hedge Fund Regulation May Include Rule 204-2 As we have discussed, hedge fund regulation legislation has been introduced as the Hedge Fund Transparency Act.  This legislation calls for hedge funds to maintain such books and records that the SEC would require.  It is likely that the books and records required [...]

Senators Grassley and Levin Introduced Bill Requiring Hedge Fund Registration A new bill called the Hedge Fund Transparency Act was introduced today by Senators Chuck Grassley and Carl Levin.  A press release from Grassley’s website explains the bill. More to be forthcoming… **** For Immediate Release January 29, 2009 Grassley [...]

Broken Record I’ve said it all before.  The following press release can be found here.  Please see the following articles on hedge fund and investment advisor fraud. Hedge Funds, Congress and Madoff Investment Advisor Fraud CPO Fraud – Lessons in Due Diligence Affinity Fraud Alert

The Madoff scandal, which caught the SEC and savy institutional investors flat-footed, is increasing the pressure for more oversight and regulation within investment management and hedge fund industries.   It is expected that Congress will be busy with this and other matters regarding regulation of the capital markets.  In fact, Senator [...]