Regulating Hedge Funds In The Eu

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Regulating Hedge Funds in the EU

Author : Alexandros Seretakis
Publisher : Kluwer Law International B.V.
ISBN 13 : 940353513X
Total Pages : 298 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Regulating Hedge Funds in the EU by : Alexandros Seretakis

Download or read book Regulating Hedge Funds in the EU written by Alexandros Seretakis and published by Kluwer Law International B.V.. This book was released on 2022-01-13 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Hedge Fund Regulation in the European Union

Author : Phoebus Athanassiou
Publisher : Kluwer Law International B.V.
ISBN 13 : 904114465X
Total Pages : 384 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Hedge Fund Regulation in the European Union by : Phoebus Athanassiou

Download or read book Hedge Fund Regulation in the European Union written by Phoebus Athanassiou and published by Kluwer Law International B.V.. This book was released on 2009-04-14 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Regulation of Hedge Funds

Author : Ana Maria Fagetan
Publisher : Springer Nature
ISBN 13 : 3030637069
Total Pages : 514 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis The Regulation of Hedge Funds by : Ana Maria Fagetan

Download or read book The Regulation of Hedge Funds written by Ana Maria Fagetan and published by Springer Nature. This book was released on 2020-12-28 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses elements of international finance, comparing the regulation of hedge funds in United States, Europe, the UK, and off-shore jurisdictions in the aftermath of the financial crisis. It critically compares the Dodd- Frank Act in US with the Alternative Investment Funds Managers Directive in Europe. Moreover, it goes further by analyzing the implementation of the AIFM Directive in seven jurisdictions in Europe famous for the incorporation of hedge funds: the United Kingdom, Italy, France, Ireland, Malta, Luxembourg, and Switzerland. The book also analyses the effect of Brexit on the legislation in the UK regarding the application of the directive and the distribution of financial products in Continental Europe, and will be of particular interest to researchers, academics, and students of international finance and financial regulation.

The Alternative Investment Fund Managers Directive

Author : Dirk A. Zetzsche
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041149953
Total Pages : 948 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Alternative Investment Fund Managers Directive by : Dirk A. Zetzsche

Download or read book The Alternative Investment Fund Managers Directive written by Dirk A. Zetzsche and published by Kluwer Law International B.V.. This book was released on 2015-09-14 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.

Alternative Investment Funds in Europe

Author : Lodewijk Van Setten
Publisher : OUP Oxford
ISBN 13 : 9780199657728
Total Pages : 0 pages
Book Rating : 4.6/5 (577 download)

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Book Synopsis Alternative Investment Funds in Europe by : Lodewijk Van Setten

Download or read book Alternative Investment Funds in Europe written by Lodewijk Van Setten and published by OUP Oxford. This book was released on 2014-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first detailed analysis of the legal and practical implications of the AIFMD at regional and national level.

The Alternative Investment Fund Managers Directive

Author : Dirk Zetzsche
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403509155
Total Pages : 1042 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Alternative Investment Fund Managers Directive by : Dirk Zetzsche

Download or read book The Alternative Investment Fund Managers Directive written by Dirk Zetzsche and published by Kluwer Law International B.V.. This book was released on 2020-09-17 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the ten years since its coming into force, the Alternative Investment Fund Managers Directive (AIFMD), with almost EUR 7 trillion assets under management in its remit, has become an important piece of European regulation complementing the Undertakings for Collective Investment in Transferable Securities (UCITS) and the Markets in Financial Instruments (MiFI) frameworks. This third edition of the most comprehensive and in-depth analysis of the AIFMD and its related European investment fund legislation (including the European Venture Capital Fund Regulation, the European Social Entrepreneurship Fund Regulation, the European Long-Term Investment Fund Regulation and the European Money Market Fund Regulation among others) brings together fund industry experts, fund supervisors, consultants, lawyers and academics to discuss the content and system of the directive from every angle, including its relation not only to the UCITS and MiFI frameworks but also to pension funds, the Sustainable Finance Disclosure Regulation, the Securitization Regulation and the Cross Border Funds Distribution Directive and Regulation, as well as related pieces of tax regulation at the European level. Further, the third edition emphasizes the function of such factors in the financial services value chain as the following: the AIFMD’s approach to robo-advisors; digital asset funds; infrastructure investments in the context of real estate and sustainable investments; risk management; transparency; and impact on alternative investment strategies. Five country reports, focusing on the European Union’s five most important financial centres for alternative investment funds, deal with the potential interactions among the AIFMD and the relevant laws and regulations of France, Germany, Luxembourg, Ireland and The Netherlands. This thoroughly updated edition elaborates on potential difficulties encountered when applying the directive and provides potential solutions to the problems it raises. The book is sure to be warmly welcomed by fund lawyers and consultants, investors and their counsels, fund managers, depositaries, asset managers and administrators, as well as regulators and academics in the field.

Hedge Funds

Author : Florentino Carreño
Publisher : Globe Law and Business Limited
ISBN 13 : 9781905783793
Total Pages : 0 pages
Book Rating : 4.7/5 (837 download)

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Book Synopsis Hedge Funds by : Florentino Carreño

Download or read book Hedge Funds written by Florentino Carreño and published by Globe Law and Business Limited. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical new handbook outlines key trends in the global hedge fund industry, including latest structuring and governance models, as well as operational, litigation, enforcement and key regulatory initiatives in the European Union and United States. The book also features an in-depth analysis of the law and regulation of hedge funds in a number of leading jurisdictions. Each country chapter follows a detailed template for ease of reference for the reader.

Research Handbook on Hedge Funds, Private Equity and Alternative Investments

Author : Phoebus Athanassiou
Publisher : Edward Elgar Publishing
ISBN 13 : 184980608X
Total Pages : 521 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Research Handbook on Hedge Funds, Private Equity and Alternative Investments by : Phoebus Athanassiou

Download or read book Research Handbook on Hedge Funds, Private Equity and Alternative Investments written by Phoebus Athanassiou and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and detailed Handbook provides a comprehensive source of analysis and research on alternative investment funds in the EU, the US and other leading jurisdictions. Expert contributors offer an unparalleled perspective on the contemporary alternative funds industry, the main areas of regulatory policy concern surrounding its activities, and the role that alternative funds have played in recent financial crises, as well as an account of the rules governing their operation in selected jurisdictions. Providing insight and analysis of the contemporary investment funds industry at a time of crisis and transition, the Research Handbook on Hedge Funds, Private Equity and Alternative Investments will be a valuable tool for scholars, practitioners and policymakers alike.

Alternative Investment Fund Regulation

Author : E. Wymeersch
Publisher :
ISBN 13 : 9789041136909
Total Pages : 0 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Alternative Investment Fund Regulation by : E. Wymeersch

Download or read book Alternative Investment Fund Regulation written by E. Wymeersch and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the recent global financial crisis regulators and supervisors became aware that the 'risk appetite' of hedge funds and private equity funds was to a significant extent shielded from public scrutiny, as it was only through banks' financing of these funds that public authorities could obtain a view on the role of these funds in the wider financial system. In order to disperse this lack of reliable and comprehensive data, measures were adopted both in the European Union - the Alternative Investment Management Funds Directive - and to a lesser extent in the United States to impose a risk-sensitive framework. Individual EU Member States and other countries followed suit. This book reprints reports delivered by representatives of fifteen countries at the Eighteenth International Congress of the International Academy of Comparative Law, held in Washington on the 29th of July 2010. The reports present a wealth of information on the different approaches and the specific rules that a variety of national legislators have adopted on the regulation of hedge funds and private equity funds. They greatly clarify the current understanding of such factors as the following: the nature of the systemic risk created by these funds; how activist investors challenge the incumbent management of well-established companies; effects of aggressive intervention in the business organization of a firm; how some funds achieve excess returns even during the crisis; ; advance information obtained through insider rings or other social networks; and safeguards that limit the investor's risk (e.g., allowing only "funds of funds"). With its comparative analysis of rules (and their degree of stringency) adopted by states on offering these products to the retail investor, this book is of great importance for legal practice in the areas of investor protection, financial services, and regulation of securities and banking. Although the present crisis has fundamentally challenged public authorities in every country, it is important to know what has been introduced or modified and which pre-existing measures have been retained as a result of new measures. The national reports reproduced in this book provide the clearest and fullest commentary available on this and other aspects of the 'new' global financial regulatory scheme.

Directive on Alternative Investment Fund Managers

Author : Great Britain. Parliament. House of Lords. European Union Committee
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (767 download)

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Book Synopsis Directive on Alternative Investment Fund Managers by : Great Britain. Parliament. House of Lords. European Union Committee

Download or read book Directive on Alternative Investment Fund Managers written by Great Britain. Parliament. House of Lords. European Union Committee and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the proposed Alternative Investment Fund Managers Directive which introduces an EU-wide approach to the regulation of Alternative Investment Fund Managers, including hedge fund and private equity fund managers. The Directive aims both to increase the stability of the financial system and to facilitate the single market in Alternative Investment Funds. The report argues that the Directive will seriously damage the EU and UK economies unless it is fully compatible with the global approach to the regulation of fund managers and the Government should withhold agreement on the Directive until these concerns are addressed.

U.S. Regulation of Hedge Funds

Author : Douglas L. Hammer
Publisher : American Bar Association
ISBN 13 : 9781590312971
Total Pages : 398 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis U.S. Regulation of Hedge Funds by : Douglas L. Hammer

Download or read book U.S. Regulation of Hedge Funds written by Douglas L. Hammer and published by American Bar Association. This book was released on 2005 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative resource surveys federal securities laws and rules applicable to the organization, capitalization and operations of private U.S. domestic investment partnerships that invest and trade mainly in the public securities markets. Includes a detailed index.

Successfully Launching a Hedge Fund in Europe

Author : Simon Kerr
Publisher :
ISBN 13 : 9780995647503
Total Pages : pages
Book Rating : 4.6/5 (475 download)

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Book Synopsis Successfully Launching a Hedge Fund in Europe by : Simon Kerr

Download or read book Successfully Launching a Hedge Fund in Europe written by Simon Kerr and published by . This book was released on 2017-03-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Investor Protection

Author : Hanneke Wegman
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186115
Total Pages : 362 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Investor Protection by : Hanneke Wegman

Download or read book Investor Protection written by Hanneke Wegman and published by Kluwer Law International B.V.. This book was released on 2015-11-24 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expansion of the fund industry has been one of the most notable trends in the financial markets of recent years. Not only has the demand for funds among EU investors grown, but both the number and types of investment funds also continue to increase. Since investment funds available in the EU can be established both inside and outside the EU, they may be subject to different investor protection regulations, depending on where the fund is located. Accordingly, different levels of investor protection may exist between investors investing in EU funds and investors investing in non-EU funds, including US funds. This book investigates whether there is a level playing field between EU investors investing in EU funds and EU investors investing in US funds and if not, if there is a legal basis in current EU law for the EU regulator to adopt additional investor protection rules applying to investment funds. The analysis considers the basic characteristics of investment funds, how they function in practice, and how they are regulated relating to investor protection issues. Factors examined in depth include the following: – features of funds most relevant to the protection of retail investors; – operational structure, investment strategies, fee structure, and legal structure of funds; – internal control systems; – transparency and disclosure rules; – conduct of business rules; and – depositary monitoring rules. The author examines relevant EU directives and rules and the particular remit of each, as well as US law applying to investment funds that are active in the EU. Case law and relevant literature in the field is also drawn on. As an assessment of the current degree of protection applying to funds that are available to EU retail investors – as well as an up-to-date overview of regulatory requirements and procedures concerning the protection of EU investors in investment funds – this book is unsurpassed. Especially valuable is the closing discussion about whether the EU regulatory system provides for a level playing field of protection for EU retail investors, and if not which additional rules can be adopted by the EU regulator in this area. Lawyers and other professionals in all areas of law and policy concerned with investment and finance will find this book of great value.

Hedge Fund Activism

Author : Alon Brav
Publisher : Now Publishers Inc
ISBN 13 : 1601983387
Total Pages : 76 pages
Book Rating : 4.6/5 (19 download)

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Book Synopsis Hedge Fund Activism by : Alon Brav

Download or read book Hedge Fund Activism written by Alon Brav and published by Now Publishers Inc. This book was released on 2010 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hedge Fund Activism begins with a brief outline of the research literature and describes datasets on hedge fund activism.

Hedge Funds

Author : Theodor Baums
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110907348
Total Pages : 172 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis Hedge Funds by : Theodor Baums

Download or read book Hedge Funds written by Theodor Baums and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-02-06 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of Private Investment Funds

Author : Timothy Spangler
Publisher : OUP Oxford
ISBN 13 : 0191635235
Total Pages : 413 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Law of Private Investment Funds by : Timothy Spangler

Download or read book The Law of Private Investment Funds written by Timothy Spangler and published by OUP Oxford. This book was released on 2012-09-06 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of The Law of Private Investment Funds offers a practical analysis of the legal and regulatory issues that arise in connection with the structuring, formation, and operation of private investment funds, including hedge funds, private equity funds, real estate funds, and other non-retail collective investment vehicles. The book provides a unique analysis of these funds on a pan-asset class basis, as well as from a US, UK, and European perspective. The themes of investor protection and fiduciary challenge are considered in the context of the various sources available for investor protection including the substantive rights and obligations under general law, and voluntary and statutory rights of regulation. The author considers the various aspects of running private investment funds against the backdrop of regulation and investor protection. Issues such as structuring and launching, and marketing private investment funds are considered in full. The author also looks at the governance challenge where limited partnerships and offshore companies are concerned. The book identifies governance as a key issue for private investment fund participants and discusses in depth several ways in which managers and fund participants can improve the governance of their funds. In addition it analyses the consequences and impact of the recent global financial crisis on private funds, and the response of the US, UK, and European regulators. The new edition includes increased coverage of best practice and industry guidelines, including the ILPA Guidelines for private equity funds, and the MFA's Best Practices for hedge funds. It also provides discussion of new regulatory regimes in the US and EU, including the Dodd Frank Act and AIFMD.

Directive on alternative investment fund managers

Author : Great Britain: Parliament: House of Lords: European Union Committee
Publisher : The Stationery Office
ISBN 13 : 9780108459429
Total Pages : 84 pages
Book Rating : 4.4/5 (594 download)

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Book Synopsis Directive on alternative investment fund managers by : Great Britain: Parliament: House of Lords: European Union Committee

Download or read book Directive on alternative investment fund managers written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2010-02-10 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report the European Union Committee warn that unless the Directive on alternative investment funds is compatible with a global regulatory approach it will seriously damage the EU and UK economies. The UK Government should not agree with the Directive unless it is compatible with equivalent legislation in third countries and in particular the United States. It is essential to ensure that EU alternative investment fund managers do not lose competitiveness at a global level. This is a particular concern for the UK and the City of London which has a large alternative investment fund industry that employed an estimated 40,000 people in 2009. The Committee recognise the risk the aggregate activity of hedge funds could cause to financial stability and welcome the principle of EU regulation of the managers. The Directive has the potential to reduce risk posed by fund managers and be beneficial to the single market and the EU economy as a whole. The Committee stress that the requirements on provision of information should be proportionate and carefully thought out to ensure Supervisors are provided with the relevant data. The Committee also criticise the "one size fits all" approach of the Directive. The Directive covers a wide variety of fund managers including hedge funds, private equity and infrastructure funds, and its detailed requirements must differentiate between types of managers to avoid unwanted outcomes that could restrict the operation of fund managers unnecessarily.