Special rules may apply to hedge funds that accept investments by “benefit plan investors” (Benefit Plan Investors) subject to the Employee Retirement Income Security Act of 1974, as amended (ERISA), or Section 4975 of the...more
We have separately discussed the common exemptions from registration of a fund manager with the Securities and Exchange Commission (SEC) as an investment adviser and from registration with the Commodity Future Trading...more
6/13/2024
/ Advertising ,
Blue Sky Laws ,
CFTC ,
Commodity Pool ,
Commodity Trading Advisors (CTAs) ,
Exemptions ,
Hedge Funds ,
Investment Adviser ,
Investment Company Act of 1940 ,
Investment Funds ,
Investors ,
Mutual Funds ,
Private Funds ,
Qualified Purchaser ,
Regulation D ,
Securities and Exchange Commission (SEC)
An initial question faced by a new hedge fund manager is whether or not registration with the U.S. Commodity Futures Trading Commission (CFTC) will be required.
Limited Trading Exemption -
CFTC Rule 4.13(a)(3), which...more
5/7/2024
/ CFTC ,
Commodity Exchange Act (CEA) ,
Foreign Currency ,
Fund Managers ,
Futures ,
Hedge Funds ,
Investment Adviser ,
NDFs ,
Registration Requirement ,
Securities and Exchange Commission (SEC) ,
Swaps ,
Virtual Currency
An initial question faced by any manager launching a hedge fund is whether or not registration as an investment adviser with the U.S. Secutiries and Exchange Commission (SEC) under the Investment Advisers Act of 1940, as...more
5/7/2024
/ Foreign Investment ,
Fund Managers ,
Hedge Funds ,
Investment Adviser ,
Investment Advisers Act of 1940 ,
Policies and Procedures ,
Portfolio Managers ,
Private Funds ,
RAUM ,
Registration Requirement ,
Securities and Exchange Commission (SEC) ,
Threshold Requirements
A key initial decision for a manager launching a new hedge fund is to decide between:
A “master-feeder” fund structure: In a typical “master-feeder” structure, an onshore “feeder” fund and an offshore “feeder” fund both...more
Seed investment deals between a new hedge fund manager and a seed investor can be a key first step to launching a first fund. In a typical seed investment deal, the seed investor commits to make a founding investment in a new...more
Different hedge fund investors have different tax concerns that must be taken into account when structuring a hedge fund and its portfolio investments. Hedge fund investors generally fall into three categories:...more
5/7/2024
/ Blocker Corporations ,
Dividends ,
Fees ,
Foreign Investment ,
Hedge Funds ,
Holding Companies ,
Investment Portfolios ,
Investors ,
Lending ,
Limited Liability Company (LLC) ,
Limited Partnerships ,
Offshore Funds ,
REIT ,
REMIC ,
Tax Exemptions ,
UBTI
Hedge Start: Key Hedge Fund Terms -
One of the first decisions faced by a new hedge fund manager is what terms to offer. The key terms to consider are liquidity terms (the terms of permitted redemptions or withdrawals...more