FAQ | Hedge Fund Law Blog (2024)

Hedge Fund Frequently Asked Questions. I have just started this page and I hope to add to it in the coming weeks and months to address many of the more frequent questions I receive. Please note that while the answers below were prepared by a hedge fund attorney, these answers are for informational purposes only and they do not create an attorney-client relationship. If you have any questions or seek further clarification, please contact us or discuss with your hedge fund attorney.

Does a hedge fund manager need to be a registered investment advisor?

Generally it will depend on the hedge fund manager’s state of residence. It may also depend on whether the fund exceeds the 25% ERISA threshold. For more information, please see: Overview of Investment Advisors, Hedge Funds and ERISA.

Does a manager need a Series 7 license to manage a Hedge Fund?

No. A Series 7 exam license is not required to manage a hedge fund. However, if the hedge fund, or an affiliate, is registered as a broker-dealer, the manager may need the Series 7 depending on his duties with the fund or affiliate. For more information please see: What Licenses Does a Manager Need to Run a Hedge Fund, Hedge Fund Series 7 questions.

Does a manager need a Series 7 license to manage a Forex Hedge Fund.

Generally no. However, depending on the nature of the forex hedge fund, the manager may need to be registered as a commodity pool operator. If the hedge fund manager were required to be a commodity pool operator the principal, and traders, would need to have a Series 3 exam license. For more information, please see: How to Register as a CPO or CTA, Hedge Fund CPO exemptions.

What does it cost to start a hedge fund?

There are many costs associated with starting a hedge fund. Generally a hedge fund sponsor will need to retain a hedge fund attorney, auditor and administrator as well as establish bank and brokerage accounts. All of these relationships create costs for the hedge fund manager.

How long does it take to start a hedge fund?

It will generally depend on how prepared the manager is and how fast the attorney’s can work. It will also depend on whether the manager will need to be registered as an investment adviser. In general though, assuming no registration is required, a sponsor should be able to get a fund up and running within 6-8 weeks. Please see: Start Up Hedge Fund Timeline.

How many and what type of investors can I have in my fund?

There are two types of hedge funds: 3(c)(1) and 3(c)(7). A 3(c)(1) hedge fund can have up to 99 investors. Generally these investors will need to be “accredited investors” although some funds will choose to have up to 35 non-accredited investors. Generally also these investors will be “qualified clients.” A 3(c)(7) hedge fund can have up to 499 “qualified clients.” For more information please see: Hedge Fund Investors Overview.

Can an IRA invest in a hedge fund?

Generally yes. However, if a hedge fund is planning to have IRA investments there are some items which the manager should discuss with his attorney. For more information, please see: Hedge Fund IRA Investments.

How does a hedge fund manager find investors?

This is the million dollar hedge fund question. Generally a hedge fund manager will look to friends and family and then, after the manager has established an attractive track record, the manager will try to raise assets from institutional investors. A hedge fund manager must make sure that it does not engage in any activities which may be deemed to be a public advertising or solicitation in contradiction of the Regulation D rules. For more information, please see: Hedge Fund Capital – How to Raise Assets for a Hedge Fund, Regulation D Overview.

Can a hedge fund have a website?

Yes, but that does not mean that the hedge fund or manager can use the internet to solicit clients. The manager will need to make sure that the website complies with certain requirements as laid out in SEC no-action letters. For more information, please see: Hedge Fund Websites.

What are the typical hedge fund fees?

Probably the most quoted fee structure is a 2% management fee and a 20% performance fee, however, each hedge fund will be different based on a variety of items including the investment strategy and structure. For more information, please see: Hedge Fund Management Fees, Hedge Fund Performance Fees.

Please contact us if you have another hedge fund question or need help with hedge fund formation.

FAQ | Hedge Fund Law Blog (2024)

FAQs

How many clients can a hedge fund have? ›

Generally, hedge funds operate as limited partnerships or limited liability companies and rarely have more than 500 investors each. 1 The minimum investment is high, with a $1 million investment not uncommon. They attract institutional investors as well as high-wealth individuals.

Does a hedge fund manager need a series 7? ›

Hedge fund managers are acting investors, so they do not need to take FINRA's Series 7 exam. However, they may need to get a Series 65 license or abide by any other licensing requirement set by their state. They will also need a business license to practice.

How many non-accredited investors can a hedge fund have? ›

There are two types of hedge funds: 3(c)(1) and 3(c)(7). A 3(c)(1) hedge fund can have up to 99 investors. Generally these investors will need to be “accredited investors” although some funds will choose to have up to 35 non-accredited investors.

How long does it take to start a hedge fund? ›

It can take anywhere from several months to over a year to secure enough capital to launch the fund . This timeline can also depend on the fund 's investment strategy , target market , and the current market conditions .

What is the 2 20 rule for hedge funds? ›

The 2 and 20 is a hedge fund compensation structure consisting of a management fee and a performance fee. 2% represents a management fee which is applied to the total assets under management. A 20% performance fee is charged on the profits that the hedge fund generates, beyond a specified minimum threshold.

How much net worth do you need to have to be in a hedge fund? ›

In the United States, qualified investors include accredited investors with a net worth of at least $1 million (excluding primary residence) or an annual income of $200,000 ($300,000 for married couples) and qualified purchasers with at least $5 million in investable assets.

How do hedge fund managers get so rich? ›

Hedge fund managers typically earn above-average compensation, often from a two-and-twenty fee structure. Hedge fund managers typically specialize in a particular investment strategy that they then use to power their fund portfolio's mandate for profits.

What degrees do most hedge fund managers have? ›

Hedge fund managers often have a master's degree or even a Ph. D. in finance, mathematics, economics, financial engineering, quantitative finance, programming, marketing, or business administration. Others have advanced degrees in a specialty such as engineering or accounting.

Do you need a CFA to run a hedge fund? ›

A hedge fund manager is a financial adviser who oversees investment accounts, leverages advanced financial software and raises expenditure capital. You can become a hedge fund manager by obtaining at least a bachelor's degree, earning CFA certification and gaining experience in the finance industry.

Who cannot invest in a hedge fund? ›

You generally must be an accredited investor, which means having a minimum level of income or assets, to invest in hedge funds. Typical investors include institutional investors, such as pension funds and insurance companies, and wealthy individuals.

Are hedge funds LLC or LP? ›

Most Hedge Funds Are Established As Limited Partnerships

The investment manager is also invested in the fund and is compensated via a management fee, as well as a performance fee based on the fund's annual performance. Managers only get a performance fee if the fund makes money above a certain benchmark.

What is the minimum capital to start a hedge fund? ›

It is not uncommon for a hedge fund to require at least $100,000 or even as much as $1 million to participate. Unlike mutual funds, hedge funds avoid many of the regulations and requirements within the Securities Act of 1933.

What is the best state to start a hedge fund in? ›

U.S. hedge funds are established primarily in Delaware because Delaware offers the most advanced business friendly law in the United States. In fact, Delaware's business friendly environment is attractive to companies across the globe, not just hedge funds. Governing law matters.

What is the minimum income for a hedge fund? ›

Hedge funds typically require an investor to have a liquid net worth of at least $1 million, or annual income of more than $200,000. They often borrow money to use in an investment.

What is the survival rate of hedge funds? ›

In terms of life-spans (see Figure 1), this paper estimates that 70 per cent of hedge funds die within 47 months (i.e. 3.92 years) and the annual attrition rate is 8.67 per cent per annum.

What is the average size of a hedge fund? ›

The assets under management (AUM) for an average portfolio manager at a medium-sized hedge fund can vary, but a reasonable estimate would be between $300 million and $2 billion. Contrary to popular belief, a larger AUM doesn't necessarily mean a more successful portfolio manager.

Can a hedge fund have more than 100 investors? ›

Hedge funds avoid regulation under the Investment Company Act in one of two ways. One way is to limit the number of investors in the fund to not more than 100. These are called “3(c)(1)” funds, named after the applicable exemption under Section 3(c)(1) of the Investment Company Act.

What is the minimum size for a hedge fund? ›

It is not uncommon for a hedge fund to require at least $100,000 or even as much as $1 million to participate. Unlike mutual funds, hedge funds avoid many of the regulations and requirements within the Securities Act of 1933.

What are the limitations of hedge funds? ›

Hedge funds typically limit opportunities to redeem, or cash in, your shares, to four times a year or less, and often impose a "lock-up" period of one year or more, during which you cannot cash in your shares. Research hedge fund managers.

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