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Category Archives: Hedge Funds

Is Your Pooled Investment Vehicle In Compliance with the SEC’s New Custody Rule for Investment Advisers

The recent changes by the U.S. Securities and Exchange Commission (“SEC”) to Rule 206(4)-2 under the Investment Advisers Act of 1940 include an important development for investment advisers that operate so called pooled investment vehicles. Pooled investment vehicle is an SEC term and includes private investments such as limited liability companies and limited partnerships not [...]

Private Investment Advisers Registration Act is Passed by House Committee on Financial Services

The Financial Services Committee of the U.S. House of Representatives passed H.R. 3818, the Private Fund Investment Advisers Registration Act, which requires advisers to private funds to register with the U.S. Securities and Exchange Commission (“SEC”). The Wall Street Journal reported that the Committee agreed that private funds managing less than $150 million would be [...]

SEC Chair Predicts Detailed Disclosures by Hedge Funds to Regulators

The Wall Street Journal (“WSJ“) recently reported that “Securities and Exchange Commission Chairman Mary Schapiro predicted that any new regulation of hedge funds will likely require detailed disclosure to regulators, but not necessarily as much disclosure to the public.” According to the WSJ, “[i]f proposed legislation under consideration by Congress to require hedge-fund advisers to [...]

SEC Files Enforcement Action Against an RIA for Allegedly Failing to Disclose Compensation Received from Private Investment Funds

On May 20, 2009, the U.S. Securities and Exchange Commission (“SEC”) announced that it had filed an emergency civil action charging Wealth Management LLC (registered investment adviser), James Putman (founder, majority owner and Chief Executive Officer of Wealth Management), and Simone Fevola (former President and Chief Investment Officer of Wealth Management) with engaging in a [...]

Obama Administration Calls for Managers of Hedge Funds and Other Private Investment Funds to Register as Investment Advisers

Earlier this week, the Obama Administration called for all managers of hedge funds and other private investment pools (including private equity funds and venture capital funds) that exceeded a modest asset threshold to register with the U.S. Securities and Exchange Commission (“SEC”) under the Investment Advisers Act of 1940. Moreover, the Obama Administration proposes that [...]

Adoption of Rule 206(4)-8

In July, we told you about an SEC open meeting which would include the discussion of a new anti-fraud rule under Section 206 of the Investment Advisers Act of 1940. The new rule was aimed at advisers to pooled investment vehicles such as hedge funds. Earlier this month, the SEC adopted Rule 206(4)-8 which prohibits [...]

SEC Will Consider New Anti-Fraud Rule Under Section 206 of the Investment Advisers Act of 1940

During its open meeting on Wednesday, July 11, 2007, the United State Securities Commission (SEC) will consider adopting the a new anti-fraud rule under Section 206 of the Investment Advisers Act of 1940 for pooled investment vehicles such as hedge funds. As you may recall, in 2006 the U.S. Court of Appeals for the District [...]

Legislation Proposes Required Hedge Funds to Register as an Investment Advisor

Investment News is reporting that U.S. Senator Charles Grassley, the ranking Republican on the Senate Finance Committee, has introduced legislation that would require hedge fund managers to register as an investment advisor with the U.S. Securities and Exchange Commission.

Custody Requirements for Advisors to Hedge Funds

If you are an advisor to a private fund (i.e. hedge fund or pooled investment vehicle) do you know if you are deemed to have custody? If so, is your Form ADV Part I completed correctly? According to SEC Rule 206(4)-2(c)(1)(iii), the definition of custody includes an investment advisor with “any capacity (such as a [...]

Registration for Advisors to Private Funds

By now, you are probably aware that advisors to private funds (a/k/a hedge funds or pooled investments) need to register as investment advisors if they provide advice on securities to private funds. (To learn more, please read the SEC’s rule release.) The SEC is requiring these advisors to become registered by February 1, 2006. While [...]

 

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* RIA Compliance Consultants, Inc. ("RCC") is not a law firm and does not provide legal services. A compliance consulting relationship with RCC is not provided those legal and professional protections that normally exist under an attorney-client relationship. For more information, please visit our Disclosures webpage.

The determination to use a third-party compliance services provider is an important decision and should not be based solely upon advertisements or self-proclaimed expertise. A description or indication of limitation of our compliance services does not mean that an agency or board has certified RCC as a specialist or expert in investment advisor compliance. All potential clients are urged to make their own independent investigation and evaluation of RCC.

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