Count down for SEC regulations to take force in Feb 2006: Some must dos for hedge funds
With less than six months to go before the SEC hedge fund law will go fully operational, it is important to understand what the regulation entails. A whitepaper in this regard was unveiled by SEI Investments and is a kind of guide for hedge fund managers to spruce themselves up before the time is up. SEI Investments is a global provider of asset management services and investment technology solutions.
The paper is titled "Countdown to Hedge Fund Adviser Registration: Essential Steps to Take Now” and lists down various points to keep in mind before the fund gets registered with SEC in Feb 2006. The paper warns that the regulation which looks quite mild and harmless is in fact not quite so and that the un-registered funds may find themselves at a loss if they do not fully understand the implications. It is not just some paperwork but involves a good amount of planning and restructuring.
For starters, the paper states that the funds have to address the issue of conflicts of interest involved in an adviser’s brokerage practices, especially concerning the use of soft dollars. The funds will also have to develop ‘fair and equitable’ trade allocation practices. What it means is that the fund has to treat all its investors as equals. It has to be fair to all. Any exception to this rule has to be well documented and disclosed to the regulatory authorities. Should there be trade errors, the fund has to have definite rules for handling the same. They should avoid the use of soft dollars in order to make good the losses incurred by their brokers.
Another point highlighted in the paper pertains to payment for introductions made by a broker-dealer. The paper states that the fund should pay for all capital introductions made by a broker-dealer registered in the very state where the introduction was made. Added to the list is a recommendation for code of ethics for fund managers specifically pertaining to short selling, accepting gifts and trading restricted stock.
And lastly there is an advice on valuation practices, adviser performance advertising, proxy voting procedures and E-mail retention procedures, all of which have to walk the tight rope from Feb 2006 onwards. Hedgeco.net reports:
“According to the White Paper, Hedge Funds must also develop trade allocation practices, which must be "fair and equitable" to each client over time. Consistency is important and exceptions, in the rare instances that they occur, should be documented and disclosed.”
Read More: SEI Investments outlines top issues for Hedge Funds prior to registration

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