Sec Proposes Anti-fraud Rules To More Closely Regulate Hedge Funds
Recently, the SEC proposed changes that would affect the investment in hedge funds as well as other investments pooled. On December 27,2006, Release No. 33-8766 (the "Release") proposed an anti-fraud rule that would be new under the Investment Advisers Act of 1940 (the "Advisers Act"). This new rule revised criteria for admission for individuals that invest in some private funds (excluding some venture capital funds). The Release says that these rules are meant to cover two of the SEC's particular areas of interest.
Accredited Investor
The Release suggested new standards for individuals that may invest in certain funds privately offered as an enhanced definition of "accredited investor." These funds are exempt from the Investment Company Act of 1940, as amended (the "1940 Act") by provisions of Section 3(c)(1). New standards would require "accredited investors" to fulfill the previous standards plus not own investments totalling less than US$2.5 million as a qualified purchaser under the Section 3(c)(1) exemptions. Under Regulation D of the Securities Act of 1933, as amended, require a net worth of over $1 million (individual or joint net worth with spouse), or have an income over $200K each year over the past two years (or joint income with a spouse of over $300K in each of those two years plus an expectation to stay at the income level for the current year).
Anti-fraud Regulations
Section 206(4) of the Advisers Act has a new proposed anti-fraud rule that would prohibit investment advisers from making statements to investors in pooled investments it manages that would be misleading or false, regardless of whether the investment is registered or unregistered (including hedge funds). The management company also many not participate in fraudulent, manipulative, or other deceptive behavior.
The rule would allow the investors to be viewed through the fund, and reverses one of the effects of the U.S. Court of Appeals decision in Phillip Goldstein, et al, v. SEC. In this case, the SEC's 2004 requirement for hedge fund advisers to count investors in that particular fund to determine if registration is neceaary was overturned. The new rule is meant to assure that the anit-fraud provisions apply to future and prospective investors and not just to the current pool.
The Release also stated that the new rule was made intentionally broad to outline "the making of materially false or misleading statements as a fraudulent, deceptive or manipulative practice, and to prohibit other practices that defraud or deceive pool investors, rather than designed to prohibit a specific practice." It would regulate practices and statements made to current and prospective investment clients, and would provide for, among other things, representations made in account statements and memoranda.
Investment advisers to pooled investment vehicles as well as advisers that are not required to be registered under the Advisers Act, are covered in this new rule as well. The SEC stated in the Release that "it is critical that we continue to be in a position to bring actions against unregistered advisers that manage pools and that defraud investors in those pools."
Related Tags: funds, fund, hedge fund, hedge funds, sec
Robert Masud, Esq. is the principal of Masud & Company LLC, a law firm for the world of business, finance and the internet. Find out how our lawyers can help you at http://www.masudco.com Your Article Search Directory : Find in Articles
Recent articles in this category:
- The Resurgence of Fred Perry Clothing
Summer might long be over and Wimbledon may be a distant memory, however the fashion is a year round - Uncovering Men's Tank Tops
I don't know a thing about you, but I'll bet that you have worn a tank top. Tank tops have also been - Make Use of Silk Scarves to Take Good Care of Your Skin
In the event you are new about silk scarves, you could never read about this particular feature of s - Just For Men Scarves - the Preference For Guys in the Vogue Domain
If you are not certain what style of present you could provide for men, maybe you can consider men s - Think Black Friday Shopping is Beyond Your Budget?
Moms who are juggling the bills and still trying to provide the perfect holiday gift to loved ones a - How to Make Conscious Shopping Choices
Many people have heard the phrase "voting with your dollars" and they understand that it means your - Silk Scarves - Unique Present Approach in Xmas Seasons
The most prevalent silk add-on is scarves, and many focus is presented on inspired designing on thes - Benefits of an Aloe Vera Shampoo
A lot of people are not aware of the specific benefits that using an aloe vera shampoo can do to the - How Effective is the Power of Your Subconscious Mind?
Most people are bombarded with this thought whenever they feel weak and wish to affect certain chang - Silk Scarf - the Record For Human Being in the Style History
Throughout the 19th and 20th centuries the worldwide recognition of silk scarves developed dramatica
Most viewed articles in this category:
- Surf and Turf: the Race Track
Surf and Turf: The Race TrackOne of the favorite places for The G to hang out at, especially in Summ - Are You Looking For Cholesterol Drugs Without Side Effect?
High cholesterol level is probably one of the widely spread complication among Americans. Almost for - Friday the 13th could be a lucky day?
Friday the 13th sounds unlucky ? Traditional superstition ? And a lot of people dislike it and beli - Don't Judge A Man
Our world is full of bad tongues, fault-finders, gossipers, mockers, and insulters but do these grou - When Personalized Gifts Make a Difference
Finding the right gifts for a particular occasion is always a challenging task. Sometimes it is nic - Managing My Resistance: Learning To Flow With What Life Offers
One of the things that interests me most about conflict is the tendency to resist it and the ways in - What Are Horoscopes Based On?
If you do not know much about astrology, you may wonder what are horoscopes based on and how astrolo - 7 Dumbest Relationship Mistakes Smart People Make
We often find ourselves amid the wreckage of a love gone wrong, wringing our hands and asking, "Why - Motivation as the heart of self improvement
You should be able to find several indispensable facts about Motivation in the following paragraphs - Is Complete Abstinence from Use of Paychoactive Substances Necessary for Recovery?
Can a sober alcoholic in recovery who has no history of abuse of marijuana, use marijuana without