Monthly Archives: November 2008

Submitting Forex Disclosure Documents to the NFA

As we have mentioned before the CFTC and the NFA have not released the information regarding the forex registration requirements, but in the interest of preparing forex managers for the coming registration, we are providing an overview of the likely requirements and the process to become a fully compliant Forex CPO or Forex CTA.  Pursuant to that objective we have previously outlined the likely requirements for Forex Disclosure Documents and now discuss the process of submitting those documents to the NFA.

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SEC and Registered Hedge Fund Investment Advisors: Report by the GAO

This article is part of a series examining the statements in a report issued by the Government Accountability Office (GAO) in February 2008.  The items in this report are important because they provide insight into how the government views the hedge fund industry and how that might influence the future regulatory environment for hedge funds.  The excerpt below is part of a larger report issued by the GAO; a PDF of the entire report can be found here.

There are many important items in the except below.  While many hedge fund investment advisors are no longer registered with the SEC because the hedge fund registration rule was vacated by a circuit court judge, many hedge fund managers are registered.  As I have done with certain previous articles (see SEC Emphasizes IA Compliance for Hedge Funds), I believe that the following excerpt should be required reading for all investment advisor chief compliance officers (CCOs). The article discusses, the areas which the SEC examiners are likely to emphasize during an examination.  Such areas include: soft dollars, prime brokerage, calculation of the performance fee, valuation of hedge fund assets, and custody of hedge fund assets.

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GAO Report Provides Insight into Potential Future Hedge Fund Regulation

As we have discussed previously, hedge funds, and the investment management industry, are likely to face increasing regulations in the future.  As we look toward Congressional testimony by hedge funds (see Congress to talk with Hedge Funds on November 12) and by other government officials, we have decided to look back at previous GAO reports to see what issues the GAO identified as important.

The U.S. Government Accountability Office has released two reports this year on hedge funds.  The first report (released in February of 2008) described the current hedge fund regulatory regime and some of the risks the current system posed.  The second report (released in September of 2008) focused on some of the issues which pension plans must consider when investing in hedge funds.  I’ve provided a brief overview of the objectives of the two studies below.

Additionally, this week we are going to examine the February report as it includes many of the issues which have surfaced because of the recent market events, especially with regard to counterparty risk.  A list of the topics we will discuss this week include (links activated as soon as articles are published):

The GAO Hedge Fund Reports

Hedge Funds: Regulators and Market Participants Are Taking Steps to Strengthen Market Discipline, but Continued Attention Is Needed

GAO-08-200 Released February 25, 2008  (for full report, please see PDF)

According to the preamble, “This report (1) describes how federal financial regulators oversee hedge fund-related activities under their existing authorities; (2) examines what measures investors, creditors, and counterparties have taken to impose market discipline on hedge funds; and (3) explores the potential for systemic risk from hedge fund-related activities and describes actions regulators have taken to address this risk.”

Defined Benefit Pension Plans: Guidance Needed to Better Inform Plans of the Challenges and Risks of Investing in Hedge Funds and Private Equity

GAO-08-692 Released September 10, 2008 (for full report, please see PDF please also see an earlier article we released on this report entitled Hedge Fund and Pension Report Issued by GAO)

GAO was asked to examine (1) the extent to which plans invest in hedge funds and private equity; (2) the potential benefits and challenges of hedge fund investments; (3) the potential benefits and challenges of private equity investments; and (4) what mechanisms regulate and monitor pension plan investments in hedge funds and private equity.

Other Related HFLB articles include:

State Registered Investment Advisors and Hedge Funds

Hedge fund managers which are registered with their state of residence as investment advisors need to be very aware of their state investment advisory rules.  While many state securities divisions do not pay attention to hedge funds, there are many states which are aware of hedge funds and understand how the state investment advisory rules apply to hedge funds.  States which I have found particularly knowledgeable about hedge funds include: Colorado, Utah, California and Washington.  There are other states which are basically on heightened alert for registration applications from hedge fund managers. Continue reading

Forex Disclosure Documents Overview Part II

(www.hedgefundlawblog.com)

Article by Bart Mallon (www.forexregistration.com)

Thursday’s installment of the Forex Disclosure Documents Overview focused on much of the routine disclosure items which a manager must provide in the disclosure document.  Today we focus mainly on the performance reporting side of the disclosure documents.

Performance Reporting

Overview

Basically the performance reporting aspect of the disclosure documents requires the manager to provide very detailed summaries of the performance of the offered program (either managed account or fund), the manager’s other trading programs, and potentially the performance of key employees.  Any other performance which is material will also need to be reported.  These performance disclosures will usually take up a few pages of the disclosure document and will face the greatest scrutiny by the NFA reviewers. Continue reading

Overview of Hedge Fund Investment Strategies

The term “hedge fund” is an imprecise description of any type of pooled investment vehicle which utilizes an investment strategy (generally involving securities) to make money.  There are many different types of strategies which a hedge fund manger might use to make its returns, including the following:

In addition to these more “traditional” types of hedge fund strategies, there are different types of investment strategies which are forming all of the time including asset based lending hedge funds, life settlement hedge funds, among other types.  Sometimes lumped into the hedge fund category are Private Equity Funds and Venture Capital Funds which are pooled investment vehicles like hedge funds, but typically have different focuses and structures from hedge funds.

In the coming weeks we will detailing the main characteristics of the above strategies and what hedge fund managers running these strategies need to think about when crafting an investment program for their hedge fund.  Below I’ve also reprinted a summary of the different hedge fund strategies as stated in a hedge fund report issued by the Government Accountability Office earlier this year.  The report can be found here.

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Appendix III: Various Hedge Fund Investment Strategies Defined:

Hedge funds seek absolute rather than relative return–that is, look to make a positive return whether the overall (stock or bond) market is up or down–in a variety of market environments and use various investment styles and strategies, and invest in a wide variety of financial instruments, some of which follow:

Convertible arbitrage: Typically attempt to extract value by purchasing convertible securities while hedging the equity, credit, and interest rate exposures with short positions of the equity of the issuing firm and other appropriate fixed-income related derivatives.

Dedicated shorts: Specialize in short-selling securities that are perceived to be overpriced–typically equities.

Emerging market: Specialize in trading the securities of developing economies.

Equity market neutral: Typically trade long-short portfolios of equities with little directional exposure to the stock market.

Event driven: Specialize in trading corporate events, such as merger transactions or corporate restructuring.

Fixed income arbitrage: Typically trade long-short portfolios of bonds.

Macro: Take bets on directional movements in stocks, bonds, foreign exchange rates, and commodity prices.

Long/short equity: Typically exposed to a long-short portfolio of equities with a long bias.

Managed futures: Specialize in futures trading–typically employing trend following strategies.

Other HFLB articles:

NFA Suspends Commodity Hedge Fund Firm

The NFA suspended the membership of SNC Investments, a firm which ran commodity hedge funds and commodity managed accounts.  The original post can be found here.

For Immediate Release

For more information contact:
Larry Dyekman (312) 781-1372, [email protected]
Karen Wuertz (312) 781-1335, [email protected]

NFA takes emergency enforcement action against SNC Investments, Inc. and its principal, Peter Son

October 31, Chicago – National Futures Association (NFA) announced that it has taken an emergency enforcement action that suspends SNC Investments, Inc. (SNC) and its principal, Peter Son, from NFA membership and associate membership, respectively. SNC is a Futures Commission Merchant, Commodity Pool Operator, Commodity Trading Advisor and former Forex Dealer Member. SNC is located in New York City with a branch office in Pleasanton, California.

The Member Responsibility Action (MRA), effective immediately, is deemed necessary to protect customers because SNC and Son have suddenly ceased operations, Son is reported missing, and there are allegations that millions of dollars in customer funds are also missing. Under the circumstances, NFA is unable to determine if SNC and Son are in compliance with NFA Requirements or if they have misappropriated customer funds.

Additionally, the MRA prohibits SNC and Son from soliciting or accepting any funds from customers, pool participants or investors. SNC and Son are also prohibited from placing trades on behalf of customers and from disbursing or transferring any funds of customers, pool participants or investors from any accounts without prior NFA approval. The MRA will remain in effect until such time SNC and Son have demonstrated to NFA that they are in complete compliance with NFA Requirements. SNC and Son may request a hearing before NFA’s Hearing Committee.

NFA is the premier independent provider of innovative and efficient regulatory programs that safeguard the integrity of the futures markets.