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Articles Posted in Investment Advisers

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The JOBS Act: The JOBS Act Will Accelerate the Institutionalization of Hedge Funds

This guest post from the Margolis Advisory Group, co-authored by River Communications, is reprinted with permission.  The Executive Summary appears below and the full text is available here. The JOBS Act is bringing change to the hedge fund industry, and, most likely, this change will accelerate the trend towards institutionalization.…

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Hedge Fund Marketing Implications From New Survey Findings on Investment Beliefs

By Bruce Frumerman     As published August 6 at FINalternatives.   August 6, 2012   Hedge Fund Marketing Implications From New Survey Findings On Investment Beliefs by Bruce Frumerman, Frumerman & Nemeth Inc. The recently published Pensions & Investments/Oxford University survey on long-term investment beliefs has implications for how…

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CFTC Grants No-Action Relief for Exemption for CPOs and CTAs

Written by:  Jay Gould and Peter Chess In a July 10, 2012, no-action letter[1], available here, issued by a Division of the U.S. Commodity Futures Trading Commission (the “CFTC”) in response to requested relief from certain new CFTC registration obligations, the CFTC granted temporary relief to commodity pool operators (“CPOs”)…

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SEC Extends Compliance Date for Ban on Third-Party Solicitation under the Pay to Play Rule

Written by: Jay Gould and Peter Chess On July 1, 2010, the Securities and Exchange Commission (the “SEC”) adopted Rule 206(4)-5 under the Investment Advisers Act of 1940, as amended, which prohibited an investment adviser from providing advisory services for compensation to a government client for two years after the…

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Private Funds and the JOBS Act

Written by:  Jay B. Gould, Michael Wu and Peter Chess Note: Pillsbury and KPMG, along with the California Hedge Fund Association, will be sponsoring a “Managers Only” event on the JOBS Act and the new world of “general solicitation” for Funds on June 14. The Jumpstart Our Business Startups Act…

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Hedge Fund Law Report on Form PF

The Form PF (PF is short for “private funds”) is a new Securities and Exchange Commission reporting form for investment advisers to private funds that have at least $150 million in private fund assets under management.  Comprising 42 pages and divided into 4 sections with corresponding subsections, Form PF may…

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SEC and CFTC Adopt Rules Defining Swaps-Related Terms

Written by: Jay B. Gould and Peter Chess On April 18, 2012, the Securities and Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (“CFTC”) voted to adopt rules defining “swap dealer,” “security-based swap dealer,” “major swap participant,” and “major security-based swap participant,” among other terms, as mandated by the…

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JOBS Act Targets Smaller Business Capital Raising

By: Louis A. Bevilacqua, Joseph R. Tiano, Jr., David S. Baxter, Ali Panjwani and K. Brian Joe On April 5, 2012, President Obama signed into law the Jumpstart Our Business Startups Act (JOBS Act), a bill with widespread bipartisan support and assembled from a combination of legislative initiatives introduced throughout…

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CFTC Eliminates Key CPO Registration Exemption – What does this Mean for Fund of Funds?

Written by Jay Gould, Michael Wu and Peter Chess The Commodity Futures Trading Commission (the “CFTC”) recently amended its registration rules regarding Commodity Pool Operators (“CPOs”) and Commodity Trading Advisors (“CTAs”), which will require many general partners and managers of private investment funds that previously relied on an exemption from…

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2012 Annual Compliance Obligations: What You Need To Know

Written by: Ildiko Duckor and Peter Chess In light of the current regulatory environment, now more than ever, it is critical for you to comply with all of the legal requirements and best practices applicable to Investment Advisers.  The beginning of the year is a good time to review, consider…