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SEC Proposes New Hedge Fund Rules
Online Stock Market Trading By Hartley Bernstein
The ripple could begin almost anywhere. Currently, Wall Street offers extended lines of credit to hedge funds and those lines are essentially backed by banks who are also dangerously leveraged. Hedge funds have used these lines recently to extend themselves into newer types of debt. Here is where the real danger lies.
Stock Investing Course The SEC takes a step toward regulating hedge funds - but is it more than a baby step?
Hedge funds, which tend to fly well below of the regulatory oversight of the S.E.C. still present problems for investors in ways Mr. Aguirre suggests that influence company stock prices. Interest, or lack of it, in the information stemming from Aguirre' regulated hedge fund industry needs to continue to draw investors to the fold. Should the S.E.C. be given the power to regulate these private funds, whose manipulation of the markets could have an affect on investors far removed from their secretive pursuits
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Two things need to change in order to satisfy the Commission's concerns. If hedge funds could protect their investors from a stampede of withdrawals from nervous investors and make their lines of credit with Wall Street more transparent, many believe the S.E.C. might back off its efforts to bring the industry under regulation.
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fund manager and longtime Wall Street commentator Jim Cramer explains how to invest wisely in chaotic times, - or should be, when it's done right.
Journal Prime Rate Street Wall July 29, 2004 (AXcess News) New York - How big is the problem with hedge funds? Nobody knows, and that is the crux of the dilemma. Hedge funds have avoided scrutiny by operating below the radar, and outside of registration and reporting requirements currently existing under the federal securities laws. Hedge fund managers make multimillion dollar decisions, often without disclosing to anyone - their investors included - the fund's holdings or financial condition.But while hedge funds have managed to stay out of sight, they certainly are not out of mind. Observers have expressed concern about the opportunities for abuse that can flow from this lack of disclosure. One recent poster child for such misconduct is the Lancer family of funds, managed by Michael Lauer. In July 2003, the SEC charged Lauer with massively overvaluing fund holdings and manipulating securities. The SEC claimed, among other things, that Lauer and his companies lied to investors about the nature and extent of the funds' holdings.Hedge fund managers are in a position to make such misleading comments because investors generally do not have access to credible information about fund performance and holdings. Because hedge funds appeal to so-called sophisticated investors, they have been able to remain outside the SEC's more stringent disclosure standards - at least until now.
Since 2004, the S.E.C. has sought to regulate this industry and has been repeatedly rebuked by the D.C. Court of Appeals. the Investment Advisers Act of 1940 which requires broker registration when more than 15 clients are involved but if the fund has less than one hundred investors, the demanding Investment Company Act of 1940, regulation is not required either. The S.E.C., with the criticisms of Wall Street and without the help of the courts or Congress, has instead sought to redefine the word client in order to broaden their regulatory powers.
Stock Market News Earlier this month, the SEC proposed a new set of regulations governing the conduct of hedge fund managers. As the Commission acknowledges, hedge funds have blossomed and flourished outside the regulatory framework. Over 7,000 hedge funds currently manage moreAdvertisement
Stock Investing Basics than $795 billion. As a result, they control significant stock positions and can have a disproportionate effect on the volume and price of some securities - particularly those of small and micro cap companies. The SEC notes that recent enforcement actions have charged hedge funds with overstating fund performance, requiring payment of excessive and undisclosed fees, and using parallel advisory firms to misappropriate client assets. The expansion of hedge funds coincides with a disquieting drop in hedge fund standards. Many funds have lowered the "minimum investment" level, making them more accessible to small investors. They, in turn, are at the mercy of hedge fund managers who, in the SEC's words, "operate largely in the shadows, with little oversight."
Stock Investing Software In order to cast greater light on the activities of hedge funds and their managers, the SEC is proposing that hedge fund managers should be required to register under the Investment Advisors Act of 1940. This would allow the SEC to collect basic information and enhance disclosure to investors. The SEC also believes that it would enable regulators to identify compliance problems earl and deter fraudulent practices. Felons, and those with serious disciplinary records, would be prevented from managing hedge funds.
Stock Market Trading As a practical matter, however, are these proposals likely to deter abuses by hedge funds? How can the SEC be expected to adequately monitor these funds - 7,000 and growing? The agency, which is woefully underfinanced and understaffed, would appear to lack the resources necessary for the task. A glut of filings will have little value unless each registration is carefully reviewed and subsequently monitored. Far too many SEC filings receive only a cursory review from the SEC staff, or no review at all.
Stock Investing For Dummy Registration of hedge fund managers may serve some useful purpose by deterring a handful of reprobates - but any individuals who are intent on abusing the process will simply find nominees to serve as managers in their stead. In the end, registration alone is not likely to stem serious abuse.
Stock Market Crash It is somewhat akin to treating the Elephant Man with botox injections.
Stock Investing Tip Source: StockPatrol.com
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