Posts tagged as:

hedge fund rules

Hedge Fund Regulation IT Solutions

October 12, 2009

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 events, however, have shown that the registration [...]

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Hedge Funds with $25MM of AUM to Register Under Commissioner Aguilar’s Plan

July 2, 2009

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 a low threshold for registration is [...]

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Consumer Financial Protection Agency Act of 2009

June 30, 2009

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 which would have some interaction [...]

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Hedge Fund Records

June 30, 2009

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. To the extent that a LPA [...]

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SEC Proposes More Onerous Custody Rules For Hedge Fund Managers

May 14, 2009

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 investment advisors with more paperwork.  “Surprise [...]

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NASAA Proposes Multi-State No-Action Request Process

March 11, 2009

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 well.  This presents many problems [...]

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Hedge Fund Books and Records Requirement

February 4, 2009

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 by the SEC would be substantially [...]

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Hedge Fund Registration Bill Announced

January 29, 2009

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 and Levin introduce hedge fund transparency bill
WASHINGTON – Senators Chuck [...]

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Another Ponzi Scheme

January 12, 2009

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

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Hedge Funds, Congress and Madoff

January 2, 2009

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 Chuck Grassley from Iowa recently [...]

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