Nine Hedge Fund Compliance FAQs (2024)

FAQs

What is compliance in a hedge fund? ›

Compliance professionals have three main duties: 1) ensuring that their firm's actions match its stated operational business practices; 2) ensuring that their firm complies with applicable laws, and; 3) ensuring that their firm acts in its investors' best interests.

“Hedge funds are restricted under Regulation D under the Securities Act of 1933 to raising capital only in non-public offerings and only from “accredited investors,” or individuals with a minimum net worth of $1,000,000 or a minimum income of $200,000 in each of the last two years and a reasonable expectation of ...

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.

The Bottom Line. 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.

The Volcker Rule generally restricts banking entities from engaging in proprietary trading and from owning, sponsoring, or having certain relationships with a hedge fund or private equity fund.

Hedge funds must file Form PF if they have investment advisors that are registered or are required to register with the Securities and Exchange Commission (SEC), manage one or more private funds, and have at least $150 million in private fund assets under management.

However, unlike mutual funds, hedge funds are not registered with the SEC. This means that hedge funds are subject to very few regulatory controls. In addition, many hedge fund managers are not required to register with the SEC and therefore are not subject to regular SEC oversight.

Part 3 explains how the exemption of hedge funds from regulation under the Investment Company Act enables the funds' investment advisers to avoid regulation under the Advisers Act but, more importantly, to remain free from the limitations on the fees the advisers may collect.

The fee is typically 2% of a fund's net asset value (NAV) over a 12-month period. A performance fee: also known as an incentive fee, this second fee is viewed as a reward for positive returns. Performance fees are typically set at 20% of the fund's profits.

What is the maximum number of investors in a hedge fund? ›

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.

The asset management fee is generally between 1% and 2% of the fund's net assets, and is typically charged on a monthly or quarterly basis. The performance fee, structured as an allocation of partnership profits for tax purposes, has historically been 15 – 20% of each investor's net profits for each calendar year.

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.

To take the Series 7 exam, you must be sponsored by a FINRA member firm or a self-regulatory organization (SRO).

Series 7 is more comprehensive, covering federal-level securities, while Series 63 will ensure you're compliant with individual state laws. Many financial roles, especially those that deal with a variety of financial products, will require both licenses.

Investment compliance monitoring is a key responsibility of investment teams and portfolio managers. They must ensure their portfolios stay compliant with regulatory requirements as well as any policies set in place by board committees, clients, or the organizations for which they manage investments.

What is Financial Compliance? Financial compliance is the regulation and enforcement of the laws and rules in finance and the capital markets. It ranges through the entire financial spectrum, from investment banking practices to retail banking practices.

Financial compliance is the regulation and enforcement of the laws and rules that exist within the financial services sector and capital markets.

Compliance is a word that originates from the term “to comply”, i.e. to be in accordance with any orientation, rule, command or policy. Thus, banking compliance means complying with regulations, laws and guidelines, whether internal or external.