Author Archives: Hedge Fund Lawyer

Hedge Fund Fraud – Prominent Hedge Fund Attorney is Wrongdoer

Usually our discussion of hedge fund frauds revolves around unscrupulous promoters who engage in some sort of fraudulent behavior against hedge fund investors.  Most of the time the fraud is based on some sort of ponzi scheme.  However, in the case reprinted below, the fraud was actually perpetuated against many hedge funds, including some funds with a significant amount of assets under management.  Even more incredible is that the fraud was perpetuated by a hedge fund attorney with a very impressive background.  While this is slightly different than hedge fund affinity fraud, it does show that frauds can be found on all scales and that hedge fund due diligence is important for both investors and hedge funds.  It is important, maybe now more so than ever, that hedge funds conduct proper due diligence on their counterparties when engaging in private placements and off-exchange transactions.  Please contact us if you have any questions on hedge fund due diligence. Continue reading

Hedge Fund Due Diligence – Affinity Fraud Alert

In these uncertain and volatile markets hedge fund due diligence is more important than ever.  We’ve discussed how hedge fund due diligence is likely to change, but it is also important to note that hedge fund frauds can be detected through simple due diligence procedures.  In this vein, the NFA has released a notice and an alert on “affinity fraud.”  The NFA alert points out that there are many ways a potential hedge fund investor can protect themselves from a fraud by conducting basic research on the investment advisor, commodity pool operator, or forex manager.  If you are a hedge fund investor and would like a referral to a due diligence firm, please contact us.  Continue reading

Hedge Fund Consultant Article Updated

Just a quick note to the community that we’ve updated our post on hedge fund consultants to include a case study.  A reminder to all hedge fund service providers that we are actively seeking articles to help enhance our website.  We are particularly interested in articles on hedge fund accounting and administration including articles on FAS 157.  We are also interested in hedge fund link exchanges – please contact us to discuss.

Future Hedge Fund Regulation – An Open Letter on Collaboration

As we all know, the investment management and hedge fund industries will be undergoing a sea change as Congress and the SEC and other government agencies respond to many events which have completely affected and disjointed our capital markets and economy.  I believe that it is up to the hedge fund community to show leadership in these times and help to create a solution to the issues which affect both managers and investors – namely, probable future hedge fund regulations.

In the coming weeks I will be promulgating proposals for the hedge fund community (and the SEC and Congress) to consider during the discussion of the best way to impose future regulations.  Senatory Grassley has specifically stated he plans to renew hedge fund registration requirements.  As recent congressional testimony indicates, the hedge fund community is open to reasonable regulations.  The issues faced by the community (and investors) cannot be solved solely by the SEC, Congress or the hedge fund community disparately, but by all of these groups working together.

I recently read a speech, posted below, by Linda Chatman Thomsen, the SEC’s Director of the Division of Enforcement.  This speech provides a very inspirational (and ideal) view of the SEC which makes me proud in many respects (especially when I realize that the SEC is there to protect people like my parents and grandparents).  I believe that by working with the SEC toward mutual goals the hedge fund industry will be able to (i) build a solid foundation for future growth and (ii) provide the investing public in general with a positive image of the industry.    Continue reading

Master Feeder Organizational Chart

For hedge fund managers which are establishing a hedge fund for the first time, it is often easier to understand the dynamics between the different entities through an organizational chart.  This is especially true for an offshore master feeder hedge fund which has more moving parts and also has (generally) a different fee structure based on the characteristics of the hedge fund manager’s trading program and the expected tax attributes of the underlying investments.  Additionally, the tax residence of the offshore investors must be considered in many circumstances. Continue reading

NFA Proposes that all CPO and CTA Disclosure Documents be Filed Online

CFTC Responds by Proposing Changes to CFTC Regulations Regarding Disclosure Documents

The CFTC recently proposed a change to its regulations based on a request from the NFA.  The proposed regulations would require CPO and CTA disclosure documents to be submitted only online to the NFA for approval.  The CFTC is requesting comments on this proposal which must be recieved on or before December 26, 2008.  The Hedge Fund Law Blog will be sumitting comments on this proposal.  We believe that this is a good change.  We may also ask for clarification to make sure that such requirement will also apply to Forex CTOs and Forex CTAs.  Please let us know if you have any comments to the proposed rules which are reprinted in their entirety below.

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NFA Continues to Pursue Forex Regulation for Current Forex Dealer Members

Two new releases indicate that the NFA is serious about regulating the off-exchange foreign currency markets

On our sister website, www.forexlawblog.com, we have detailed the continued regulatory actions by the NFA with regard to the current regulation of the off-exchange forex markets.  The two notices, described in further detail below, apply to Forex Dealer Member and their interactions with their clients. While the CFTC has been slow to promulgate rules regarding the expected new Forex regulations, the NFA has acted swiftly and addressed many important issues.  However, forex managers should still get ready for coming forex regulations – a collegue of mine has recently discussed forex registration with a CFTC compliance person and that person expects that proposed rules will be promulgated within the first quarter of next year.  As always, stay tuned as we will continue to stay on top of this issue.

A summary of the two NFA actions is included below.  Continue reading

Registration Renewal For Brokers (IARD Notice)

It is that time of the year for registration renewals.  Renewal notices for investment advisor registration renewal were sent out by many states this week.  Additionally, brokers and brokerage firms will need to renew all of their registrations.  The following is the registration renewal notice I recieved today.  If your firm needs help with registration, please feel free to contact us.  Continue reading

Authority of Various Securities Laws and Releases/ Interpretations

The reference below comes directly from the SEC website and provides the reader with a good overview of the different laws and rules which govern the hedge fund industry, and the order in which those rules are applied (that is, the securities statutes trump SEC interpretive releases).  This reference is important for hedge fund managers to understand because there are many different types of authority which are cited in this blog and in the hedge fund offering documents and hedge fund compliance manuals.  If you have questions on what sources are the most important for your particular situation, you should discuss this with your hedge fund attorney.  As always feel free to contact us if you have legal questions regarding your hedge fund.  Continue reading

Hedge Fund Administrator Completes SAS 70 Type II (Press Release)

GlobeOp Successfully Completes SAS 70 Type II Examination for Second Consecutive Year

LONDON, UK; NEW YORK, NY, USA – 4 December 2008 – GlobeOp Financial Services (“GlobeOp®”, LSE:GO.) today announced that, for the second consecutive year, it has successfully completed a SAS 70 Type II examination of specified middle-, back-office and fund administration controls by accounting and auditing firm Ernst & Young LLP. Continue reading