Tag Archives: hedge funds

Incubator Hedge Funds

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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

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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

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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

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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

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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 →

Hedge Fund Predictions for the New Year

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Typically we do not comment non-law related hedge fund news stories.  However, we’d like to point attention to a very good article which opines on the likely trends for the hedge fund industry in 2009.  This article will be good reading for those managers who are starting a hedge fund in 2009.  The following are the takeaways from the article:

– Market neutral strategies to see increased demand
– Trend toward less leverage
– Investors are expected to ask for increased transparency and liquidity
– Short biased funds will be popular
– Commodity programs will become more popular
– Shrinking assets until end of Q2
– Institutional investors expected to dominate investor landscape Continue reading →

Commodity Hedge Fund Reminder

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CPOs Reminded to Always File Timely Reports

The following release details the CFTC sanctions against four commodity pool operators (CPOs) for failure to make timely filings with the NFA.  The CPOs failed to make filings of the respective commodity pool annual report.  This report must be provided to all pool participants (investors) and must also be filed with the NFA.  In certain circumstances the NFA will provide extensions to CPOs.  We also note that the filing requirement applies to those CPOs who run hedge fund of funds which are also commodity pools.  Continue reading →

New Mexico Hedge Fund Law

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Starting a hedge fund in New Mexico

Hedge fund managers who reside in New Mexico will be deemed to be investment advisors under New Mexico’s securities act and, unfortunately, there is no exemption available from the registration provisions of the act.  This means that before a manager establishes a fund based in New Mexico, he will need to become registered as an investment advisor.

The people at the New Mexico Securities Division are fairly knowledgable and have been very helpful in the conversations we’ve had with them.  However, they have a horrible securities division webpage.  The webpage has very little useful information save for the links to the New Mexico laws (which are hard to navigate through).  I have posted below a list of the fees which are applicable to a hedge fund manager establishing a business in New Mexico. Continue reading →

Hedge Fund Job Posting

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Below is a job posting for a hedge fund job.  If you have any questions (or if you have job postings or press releases), please feel free to contact us.

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Hedge Fund Partner w/ Significant Portable Business

A mid-sized firm in New York has an immediate need for a Hedge Fund Partner.  The partner will represent individual and institutional fund managers in the establishment and ongoing operation of private investment funds (hedge funds and private equity funds), both domestic and offshore. Experience in the following practice areas are preferred:  Mergers & Acquisitions, Joint Ventures and Strategic Alliances, Asset-Based Finance, Investment Management, and Corporate law.  Great location and firm to build existing practice.  Top benefits package.

Promotion Recruiting & Consulting is a professional legal search firm.  We assist law professionals in their job search and law firms who employ top talent in the Eastern, US.

APPLY:  Send resume to Ericka Meens at [email protected] (please mention the Hedge Fund Law Blog) Continue reading →

Hedge Fund Audits Post Madoff

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Hedge Fund Audits Expected to Increase in Importance

The Madoff scandal has shown the hedge fund industry many things, not the least of which is the importance of hedge fund audits.  While the details of Madoff’s audits are still a little unclear, it has been widely reported that the audit firm he used was a little known shop which is tightlipped.  This article investigates reaction of hedge fund investors with regard to hedge fund audits going forward.  (Please note, the Maddoff investment firm was not a hedge fund; however, the scandal will likely have a great influence on hedge fund due diligence and audit standards.) Continue reading →