Preparing For The New Regulatory Regime Of Hedge Funds
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Preparing For The New Regulatory Regime Of Hedge Funds
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Author : Danforth Townley
language : en
Publisher:
Release Date : 2005
Preparing For The New Regulatory Regime Of Hedge Funds written by Danforth Townley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Business & Economics categories.
Hedge Fund Regulation In The European Union
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Author : Phoebus Athanassiou
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-04-14
Hedge Fund Regulation In The European Union written by Phoebus Athanassiou and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-14 with Law categories.
While hedge funds have been part and parcel of the global asset management landscape for well over fifty years, it is only relatively recently that they came to prominence as one of the fastest growing and most vigorous sub-sectors of the financial services industry. Despite their growing significance for global and European financial markets, hedge funds continue enjoying a sui generis regulatory status. The ongoing credit crisis and its lessons for the wisdom of unregulated or loosely regulated pockets of financial activity raise, with renewed urgency, the issue of deciding how long for the relative regulatory immunity of hedge funds is to be tolerated in the name of financial innovation. This well-thought-out book, the first of its kind in this particular field, examines the case for the European onshore hedge fund industry’s regulation, making concrete proposals for its normative future. Following a detailed account of the ‘established’ regulatory systems in Ireland and Luxembourg, as well as of the ‘emerging’ hedge fund jurisdictions in Italy, France, Spain and Germany, and of the regulatory treatment of hedge funds in the UK, this book examines to what extent the continuing exclusion of hedge funds from harmonized European regulation is defensible, whether their differences to traditional asset management products justify their distinct regulatory treatment and, ultimately, if their EU-wide regulation is possible and, if so, what form this should take. This book offers enormously valuable insights into all facets of the subject of the regulation of hedge funds, including: the legitimacy of the public policy interest in their activities; the conceptual underpinnings and systemic stability emphasis of a realistic hedge fund regulatory scheme; the main parameters of a workable onshore hedge fund regulatory framework; the role of investor protection and market integrity as part of a holistic hedge fund regulatory scheme; the possible use of the UCITS framework as a foundation for the EU-wide regulation of hedge funds; the MiFID’s impact on the regulatory future of the European hedge fund industry; existing cross-jurisdictional differences and similarities in the normative treatment of hedge funds within the EU; hitherto initiatives and recommendations of the Community institutions and bodies; and the need for more efficient co-operation and information-sharing arrangements amongst national supervisors for the monitoring of the cross-border risks inherent in the activities of hedge funds. As the first ever comprehensive account of the profile, main features and normative future of the contemporary global and European hedge fund markets – including a systematic inquiry into the conceptual underpinnings of hedge fund regulation and a detailed examination of the European hedge fund industry’s treatment under Community and domestic law – this book represents a major contribution to the literature on hedge funds and their regulation which, through its concrete proposals for the onshore industry’s regulation and its clear analysis of the conditions necessary for their implementation, should be of extraordinary value to policymakers, supervisors and academics alike.
Hedge Funds
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Author : Theodor Baums
language : en
Publisher: Walter de Gruyter
Release Date : 2004
Hedge Funds written by Theodor Baums and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
The number of hedge funds and the assets they have under management has increased in recent years. This increase became significantly more pronounced after the market downturn in 2001. Hedge funds can help investors to benefit from volatile and even sinking stock markets. However, despite the prominent use of the word "hedge" in their name, such funds rarely offer a safe hedge against risk, given that they depend heavily on skill-based investment techniques and often invest in highly speculative financial instruments. Nevertheless, such funds received no specific treatment in the legislation of such major markets as Germany and the United States for years. Against the backdrop of international regulatory concern for hedge funds, the Institute for Law and Finance (ILF), in cooperation with Deutsches Aktieninstitut e.V. (DAI), brought together leading scholars, lawyers and bankers, to assess the risks, opportunities and regulatory challenges that hedge funds present. At the time of the conference, German lawmakers were still discussing the need and possible content of a new law. The fruit of their discussions was the German Investment-Modernization Act (Investmentmodernisierungsgesetz), which entered into force on January 1, 2004, and increased the attractiveness of offering hedge fund products in the German market. This inaugural volume of the Institute for Law and Finance Series contains the proceedings of the ILF/DAI May 2003 conference entitled "Hedge Funds: Risks and Regulation", and presents papers discussing the economic characteristics of and regulatory strategies for addressing hedge funds. The first two papers examine hedge funds from an economic perspective. Alexander M. Ineichen, Managing Director and Global Head of AIS Research at UBS, reveals the economic reality of hedge funds from the myths that has surrounded them. Then Franklin R. Edwards, Professor and Director of the Center for the Study of Futures Markets of the Columbia Business School in New York explains how the regulation of hedge funds should be tailored to their core economic reality and the goals of financial stability and investor protection. Next, Marcia L. MacHarg, a partner of Debevoise & Plimpton LLP, Ashley Kovas, a Manager in the Business Standards Department of the Financial Services Authority, London, and Edgar Wallach, a partner of Hengeler Mueller, present the state of the relevant regulatory structures in the United States, the United Kingdom, and Germany, respectively. The book then closes with an analysis of corporate structures used for German hedge funds, offered by Kai-Uwe Steck, a member of the German Asset Management practice group of Shearman & Sterling LLP.
Regulating Hedge Funds In The Eu
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Author : Alexandros Seretakis
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-01-13
Regulating Hedge Funds In The Eu written by Alexandros Seretakis and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-13 with Law categories.
Hedge funds remain the most controversial vehicles of the alternative investment funds universe. Their opaque nature, alleged role in major crises around the world and perceived lack of investor protection have repeatedly led to calls for greater regulation. Yet despite its tremendous growth, the hedge fund industry is still shrouded in a veil of mystery largely due to the highly complex and dynamic trading strategies employed by hedge funds and the scarcity of information about them. For the first time in one comprehensive volume, this concise but thorough guide explains how hedge funds work, analyses risk, compares the European Union (EU) and United States (US) systems and proposes reforms to the European framework in order to improve its resilience. Focusing on the contribution of the hedge fund industry to systemic risk, the author elucidates the complex world of hedge funds and the legal issues linked to it. The analysis proceeds as follows: introduction to the world of hedge funds – definition, main characteristics, organizational structure, investment strategies, and benefits; deeply informed exploration of the dangers posed by hedge funds; documentation and examination of the major incidents connecting hedge funds and financial crises; rationales for regulation of hedge funds; comparison of relevant legislative developments in the US and EU; and proposals for strengthening the current EU supervisory and regulatory framework. Guiding legislation, such as the EU Alternative Investment Fund Managers Directive and the US Dodd-Frank Act, is analysed, along with topical issues such as hedge fund activism. Because the direction that hedge fund regulation takes in the future has implications for the Eurozone and systemic risk in the wider financial system, this book will be of immeasurable value to professionals in both the legal and business communities. It will be welcomed by corporate lawyers, regulatory authorities, policymakers and academics in both business-related and finance-related disciplines.
Getting Started In Hedge Funds
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Author : Daniel A. Strachman
language : en
Publisher: John Wiley & Sons
Release Date : 2010-12-07
Getting Started In Hedge Funds written by Daniel A. Strachman and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-07 with Business & Economics categories.
The book on hedge fund basics, completely updated to reflect today’s post-crisis industry The hedge fund industry has been reeling in the wake of recent Ponzi schemes and insider trading scandals as well as the loss of billions of dollars in assets under management due to fund closures. Getting Started in Hedge Funds, Third Edition focuses on the current state of the industry; how hedge funds did or did not survive the subprime and subsequent credit crisis; and, what the future holds for investors. Getting Started in Hedge Funds, Third Edition also provides readers with a brief overview of the industry's history, and describes the inner-workings of these complex investment vehicles, including how to start a hedge fund, and what new regulations means for managers and investors. • Profiles 10 highly successful hedge fund managers • Addresses the Madoff scandal, as well as other lesser known Ponzi schemes, and analyzes the ripple effect felt throughout the industry as a result of these and other scandals Despite the performance of some of these funds in the last few years, hedge funds are here to stay. In this Third Edition, Getting Started in Hedge Funds, Strachman provides an updated "how-to" guide for investors interested in hedge funds in this era of "new normal."
Alternative Investments Existing And Expected Legal Framework For The Operations Of Hedge Funds In European And German Law
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Author : Marco M. Sperlich
language : en
Publisher: Diplomica Verlag
Release Date : 2010-06
Alternative Investments Existing And Expected Legal Framework For The Operations Of Hedge Funds In European And German Law written by Marco M. Sperlich and has been published by Diplomica Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06 with Business & Economics categories.
During the last 15 years the hedge fund industry has become one of the most creative and rapid growing areas within the financial industry and has made it hard for regulators to mitigate the potential risks posed to investors and the financial system. In light of the financial crisis, international interest in the supervision and regulation of the financial industry has increased rapidly, particularly with regard to hedge funds and there is no doubt that international and European initiatives will influence hedge fund operations in European and German law. The aim of this thesis is to introduce the reader from a legal perspective to the general characteristics of hedge funds as well as the existing and expected legal schemes for the operations of hedge funds in European and German law. The thesis explains the characteristics of hedge fund schemes by describing their origin and terms of hedge funds used. In general, the reader will be introduced to the European and German legal landscape as well as to market participants in the hedge funds business by analysing applicable German law as well the practability of existing EU Directives and Regulations. Furthermore a brief summary of the financial supervisory framework will be presented as well as the role of hedge fund associations. The reader will also find a chapter analyzing and describing the proposed Directive for Alternative Investment Fund Managers (AIFM) by following its table of contents resulting in a comparative summary on expected European regulation and possible impacts to German law. Finally, I highlight two conclusions. First on the proposed AIFM Directive, which is still in draft, and therefore a statement of political intent, has no binding effect and I expect that the proposed regulations encompassed in the Directive will evolve significantly prior to the passage of new legislation due to lobbying by hedge fund associations and the United Kingdom (UK) government. The second conclusion is that Germany is already prepared to provide a regulatory framework for the operations of hedge funds in the context of the AIFM Directive. Also, existing hedge fund providers in Germany are already able to provide the required regulatory infrastructures when entering or offering hedge funds business in Germany, which could result in a competitive advantage to other EU Member States.
Hedge Funds
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Author : Stephanie R. Breslow
language : en
Publisher:
Release Date :
Hedge Funds written by Stephanie R. Breslow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Hedge funds categories.
Successfully Launching A Hedge Fund In Europe
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Author : Simon Kerr
language : en
Publisher:
Release Date : 2017-03-22
Successfully Launching A Hedge Fund In Europe written by Simon Kerr and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-22 with categories.
This book provides a road map to setting up a hedge fund in Europe. The processes that need to take place are described, and the key decisions that have to be made are identified in it. There are a number of important service providers that have to be appointed. This book not only tells you who they are but also gives you the questions to ask the potential providers to differentiate between them. Chapter 1. The Launch Environment (written by Simon Kerr of HFI) 1 Chapter 2. Managing The Launch Project (by Peter Northcott of KB Assoc) 11 Chapter 3. Hedge Funds And Public Relations (Henrietta Hirst of City Savvy) 43 Chapter 4. Regulatory Incubation With The Pioneer - Sturgeon Ventures (Seonaid Mackenzie) 57 Chapter 5. Setting Up A Hedge Fund In Europe - The Auditor and Accountant's Perspective (Bernadette King & Melanie Pittas of haysmacintyre) 71 Chapter 6. Fund Administration For European Hedge Funds (Peter Jakubicka of Circle Partners) 105 Chapter 7. Prime Brokerage For European Hedge Funds (James Skeggs of SocGen Prime Services) 127 Chapter 8. Legal Services For European Hedge Funds (Gus Black and Craig Borthwick of Dechert LLP) 153 Chapter 9. IT Services & Consultancy For Hedge Funds (Tom Woollard of Edge Technology) 197 Chapter 10. Perspective Of An Experienced Hedge Fund COO (Pseudonymous) 215 Chapter 11. New Managers From An Investor's Perspective (Anthony Lawler of GAM) 225 Chapter 12. Backers Of Early-Stage Hedge Funds (Hedge Fund Insight) 239 The book contains guidance on the project management of getting a hedge fund to market from a European base. Often a new hedge fund manage may have had limited exposure to services that are available to small hedge fund fund management companies. Should you engage a PR company, are you allowed to talk to the media, if you can how do you do it to your advantage? Is it worthwhile setting up your own regulated vehicle, or should you start out under a regulatory umbrella company? These are the kind of questions answered directly in the book. Fund Administrators differ in what they can do for a hedge fund managers beyond calculating a NAV. Do you need risk measurement capability from a third party or not? What middle office services would complement your Portfolio Management System? Getting these high level questions right sets a new hedge fund firm off in the right way for the medium-to-long term. The key service providers covered include lawyers and prime brokers who share their experience on the structural issues that have to be settled. There is a significant technological infrastructure required to set up a hedge fund in Europe - and the considerations behind the choices to be made are fully reflected. This book takes you through the start up process from all sides, including the insights from a hedge fund staffer that has been through the process several times over. You can learn from his mistakes without having to make them yourself. Funds cannot launch and prosper without investors. The last two chapters give the perspective of a seasoned investor in hedge funds and a list of investors that are prepared to commit to a hedge fund in it's early stages of development. The list has full contact details for the key decision makers.
International Guide To Hedge Fund Regulation
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Author : Martin Cornish
language : en
Publisher: Tottel Publishing
Release Date : 2009
International Guide To Hedge Fund Regulation written by Martin Cornish and has been published by Tottel Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
This book provides a detailed guide to the regulation of hedge funds in key jurisdictions. It covers all the legal and regulatory matters in relation to hedge funds and discusses how funds can be operated to comply with laws and regulations in the most popular jurisdictions in which they operate. Written by experts from each jurisdiction, the book includes coverage of approximately 20 jurisdictions, with each chapter examining the following key issues in relation to hedge funds: authorization, establishment, and initial set-up; supervision and regulatory issues; enforcement; and taxation. The jurisdictions include the US, the UK, the Channel Islands/Isle of Man, the Cayman Islands, Bermuda, the British Virgin Islands, Australia, Ireland, Germany, Luxembourg, Asian jurisdictions, and Latin American jurisdiction.
Regulating Hedge Funds In The Eu The Case Against The Aifm Directive
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Author : Alexandros L. Seretakis
language : en
Publisher:
Release Date : 2014
Regulating Hedge Funds In The Eu The Case Against The Aifm Directive written by Alexandros L. Seretakis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The present article aims to offer a critique of the recent efforts to regulate hedge funds in the EU and illustrate the shortcomings of the EU's regulatory spree in the field of hedge fund regulation. The analysis suggests that the adoption of the AIFM Directive was not preceded by any thoughtful analysis of the risks emanating from the hedge fund industry but was rather the culmination of the EU's leading Member States, namely France's and Germany's, desire to impose a stricter regulatory regime on hedge funds. The rationales underpinning the adoption of the Directive are the protection of investors and the safeguarding of financial stability. On the one hand, the mandatory investor protection provisions of the Directive impose unnecessary costs on hedge funds managers and sophisticated investors who are unable to enter into mutually beneficial bargains. On the other hand, the provisions of the Directive seeking to tackle systemic risk utterly fail their goal to safeguard financial stability.