Starting and Operating a Successful Hedge Fund By Daniel A. Perry, Esq. Whether you are a newly registered investment adviser or an investment manager with a strong track record, starting and operating a successful hedge fund begins with two things: proper legal structure and sound business practices. The organization of the hedge fund structure […]
By: Daniel A. Perry As with many different areas in securities law and securities regulation, this question is difficult to answer. In general, a Venture Capital Fund is exempt from registration with the Securities and Exchange Commission (SEC) under the 1933 Securities Act and the 1934 Securities and Exchange Act. In addition, the Dodd-Frank Regulatory Reform […]
By: Daniel A. Perry Under the Investment Company Act of 1940, there were many new regulations and requirements for investment companies and the requirement to register certain securities. Specifically addressed and relied upon in the Investment Company Act of 1940 includes private funds, private equity funds, and a variety of other unregistered securities. Under Section 3(c)(7) […]
By: Daniel A. PerryThe term “Accredited Investor” is defined by the Securities and Exchange Commission. It is a term for individuals wishing to purchase securities which are not required to be registered with the SEC or any State Securities Division. In addition, the term “Accredited Investor” is meant to apply to certain individuals who may […]
By: Daniel A. Perry Time for another typical lawyer answer … it depends! As we discussed in a previous article, a Mid-Sized Adviser is defined as an adviser that manages between $25 million and $100 million in assets under management. In addition, a Mid-Sized Adviser, just like an Investment Adviser (IA) and an Investment Adviser Representative […]
By: Daniel A. PerryIf you are an adviser who registers with the SEC, there are time-sensitive deadlines in which you will need to pay attention. In addition, there are deadlines for state securities division registration that in which you will need to pay attention.An adviser is required to file their annual Form ADV Annual Updating […]