(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 [...]

CBO Calculates Cost of House Hedge Fund Bill This past week the Congressional Budge Office (“CBO”) released a cost estimate of H.R. 3818, the Private Fund Investment Advisers Registration Act of 2009.  In a number of private conversations I have had about hedge fund registration over the last 9-12 months [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

How to get an IA application approved quickly Occasionally we find the opportunity to comment on other blog posts from other legal professions within and outside of the investment management industry.  A legal blogger who I regularly follow is David Feldman from the Reverse Mergers & SPAC Blog.  David is [...]

In May we reported that the SEC was requesting comments on the new Proposed Investment Adviser Custody Rules.  The SEC’s comment period ended this past week with a flurry of activity before the submission deadline.  As we reported previously, there has been a general industry backlash against the rule because [...]