Nevada Hedge Fund Law

Leave a reply

Starting a Hedge Fund in Nevada

While Nevada may be the favorite place for hedge fund managers to spend their money, it is not necessarily a place where hedge fund managers want to be located.  The reason is that Nevada requires hedge fund managers with a place of business in Nevada to be registered as an investment advisor with Nevada.  If a start up hedge fund manager does not want to register as an investment advisor, they should not establish a place of business within Nevada. Continue reading →

CFTC Uses New Enforcement Authority to Police Forex

Leave a reply

Forex Firm Caught Operating a Ponzi Scheme

The CFTC just announced that it charged a group out of Atlanta with operating a Ponzi scheme.  This is the first action the CFTC has brought against a forex firm for fraud.  At the beginning of last year Congress passed the Farm Bill which provided the CFTC with more authority for regulating the off-exchange foreign currency markets (also known as the spot forex markets).  This action indicates that the CFTC is serious about cleaning up the forex markets.  As we’ve detailed before, forex registration will be coming shortly.  Continue reading →

Madoff Whistleblower

Leave a reply

The hedge fund industry has been shaken by volatile financial markets and the Madoff investment scandal of December 2008.  While the hedge fund and investment management industries are changing because of these twin forces, many people are looking back to try to piece together what has happened and more importantly why it happened.  One primary source will definitely be “The World’s Largest Hedge Fund is a Fraud” – a whistleblower manifesto provided to the SEC on November 7, 2005 by Harry Markopolos.  This article provides a link to the manifesto (Madoff Whistleblower Report), and discusses the observations and predictions therein. Continue reading →

Incubator Hedge Funds

1 Reply

How to Create an Auditable and Marketable Trackrecord

One of the biggest hurdles that start up hedge fund managers face is the issue of having a marketable track record. Many managers do not have an audited marketable trackrecord for any number of reasons. While it is not strictly necessary to have an audited marketable trackrecord, it will help with the marketing efforts when soliciting investors, especially institutional investors. To solve this problem many start up managers establish incubator hedge funds. Continue reading →

Hedge Fund Affiliated Broker Dealer

1 Reply

What does it mean for a hedge fund to have an affiliated broker-dealer?

Definition of Broker-Dealer

We will start off by defining a broker-dealer.  Basically a broker-dealer is the term used in the investment management industry for a firm which executes securities trades.  The trades may be executed by these firms through an agency relationship (commission) with the client or through dealer (mark up) relationship with a customer.  Some firms act in only one capacity and some act in both capacities depending on the securities traded. Continue reading →

Hedge Fund Taxation – Law School Professor Perspective

1 Reply

Overview of Hedge Fund Taxation

The following is a reprint of the Joseph Bankman’s testimony before Congress.  Mr. Bankman is a professor at Stanford Law School.  While the testimony has a bias against the current hedge fund taxation structure, it provides a great overview of hedge fund tax issue, specifically the taxation of the hedge fund performance fee (also known as a “performance allocation,” “carried interest” or “carry”).  Ultimately the future of the hedge fund taxation regime will be decided in the political arena, but this article provides a good overview of the arguments for changing the current tax code.  Continue reading →

IRC Subchapter K – Partners and Partnerships

1 Reply

Below is Subchapter K of the Internal Revenue Code.  Most hedge funds are taxed as partnerships and we discuss some of these provisions from time to time on this website.  Please let us know if you have any questions on hedge fund tax or if you would like to start a hedge fund.  Continue reading →

Hedge Fund Comments/ Questions and Answers

2 Replies

Questions and discussions from Hedge Fund Law Blog readers

I get quite a few questions from readers and usually I am able to answer these questions via email within a couple of days.  If you have any questions, comments or simply want more information on starting a hedge fund, please feel free to contact us.  We also will take requests for blog posts on certain issues and we also will publish articles (with all appropriate recognition and links) by guest authors.  [Note: any grammatical errors in the original messages have not been corrected.] Continue reading →

Forex Hedge Fund Launch

Leave a reply

Henderson Global Announces Forex Hedge Fund

The British hedge fund manager will be launching a forex hedge fund in the first half of 2009.  The fund will be targeted towards institutional investors and will trade based on quantitative metrics.  The fund is expected to invest in G10 currencies and potentially emerging market currencies.  The traders are reportedly acquisitions from Fortis.  The full article can be found here. Continue reading →

Another Ponzi Scheme

Leave a reply

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.

Continue reading →