Second
quarter 2016 has waxed brutally for hedge funds in the realm of
regulatory compliance. The Securities and Exchange Commission (SEC) has
called on investigative authority over hedge funds such as RD Legal
Capital LLC and Platinum Partners LP for full disclosure of investment
vehicles and practices. Of late, Visium Asset Management has joined the
growing list of hedge funds flagged for insider-trading. The Wall Street
Journal recently cited SEC’s Director Andrew Ceresney as stating hedge
fund “Valuation [to be] one of the core issues.”
As we pointed out in our prior article Hedge Fund Performance and Regulation
hedge funds historically had greater leeway in choosing how to value
and categorize the portfolio’s underlying investments, drawing on the
Securities Act of 1933’s Regulation D safe harbor rules. We also stated
that regulatory compliance dictates from the SEC should remain constant,
and not increase as hedge funds are above all performance driven.
There
is deep reasoning behind support for hedge funds, especially activist
hedge funds, in the investment world – reasoning that laymen may not
understand, but which focuses on the benefits institutional investors
derive from seemingly mutually exclusive activist hedge fund activity.
Thank you,
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