Browsing: Regulatory


Simpler Rules for Commodity Pools

Jan 9th, 2020 | Filed under: Investing in Commodities, Newly Added, Institutional Investing, Regulatory, The Alts Industry, Institutional Asset Management, Family Offices, Commodities

The Commodity Futures Trading Commission has changed the rules for the managers of commodity pools. The new regulations, approved in November and published in the Federal Register for Dec. 10, take effect on Thursday, January 9, 2020. Some key points about these changes: They have codified Family Office No-Action Letters,Read More

SCOTUS Leaves a Big Pharma Insider-Trading Conviction Intact

Jun 6th, 2019 | Filed under: Newly Added, Regulatory, Regulatory Environment, Legislation/Court rulings, The Alts Industry, Hedge Funds

On June 3, the US Supreme Court denied certiorari in the matter of Martoma v. US. This is the end of the line, then, for the appeals of Mathew Martoma’s criminal conviction and sentence. Martoma is a former portfolio manager for SAC Capital, now known as Point72 Asset Management. HeRead More

Mergers, Acquisitions and Unscrambling an Omelette

Jan 8th, 2019 | Filed under: Newly Added, Regulatory, Regulatory Environment, Event-Driven Hedge Funds, Legislation/Court rulings, The Alts Industry, Hedge Funds

Those who pursue alpha through the highways and byways of mergers are surely paying close attention to the AT&T/Time Warner litigation, which may end by considerably reducing the regulatory risk that firms making a “vertical” purchase in the digital/communications world will hereafter face. This is one of the points raisedRead More

McKinsey on Asia’s Asset Managers

Dec 16th, 2018 | Filed under: Industry Size & Managers, Newly Added, Asset Managers, Regulatory, Regulatory Environment, The Global Economy & Currencies, Emerging markets, Economics, The Alts Industry, Allocating to Alts

Assets under management for Asia’s managers have ballooned in the last 10 years, with an increase on average of 9% annually. Performance has been such as to encourage inflow. A recent study by McKinsey suggests that the “good times” will “keep rolling.” But it also cautions that the opportunities inRead More

SEC No-Action Letter: Eases Transactions with Affiliates

Oct 25th, 2018 | Filed under: Newly Added, Regulatory, Regulatory Environment, The Alts Industry

The Division of Investment Management of the Securities and Exchange Commission issued a no-action letter Oct. 12 that may make life easier for mutual fund boards and business development companies that have reason to engage in “affiliated transactions” as defined by the 1940 Act. In response to a request fromRead More

Some Clarity from the Delaware Supreme Court for Activists

Oct 18th, 2018 | Filed under: Hedge Fund Strategies, Equity Hedge Funds, Newly Added, Regulatory, Regulatory Environment, Event-Driven Hedge Funds, Legislation/Court rulings, The Alts Industry, Hedge Funds

The Delaware Supreme Court, on Oct. 9, upheld the Chancery Court’s dismissal of a buyout/squeeze-out related lawsuit. In the process, it issued an opinion that indicates that the room for activist investors to use litigation or the threat of litigation to derail controlling shareholder transactions may be quite small, andRead More

National Market System: What to End; What to Mend

Oct 14th, 2018 | Filed under: Algorithmic and high-frequency trading, Newly Added, Regulatory, Regulatory Environment, Business News, The Alts Industry, Commodities

The Principal Traders Group of the Futures Industry Association (FIA PTG) recently offered its thoughts on market structure, outlining one direction of reform for the Securities and Exchange Commission’s Reg NMS. Reg NMS (National Market System) was promulgated in 2005, in order to ensure competition among markets, and in theRead More

New SEC Commissioner Dissents on a Bitcoin ETF

Aug 9th, 2018 | Filed under: Newly Added, Regulatory, Crowdfunding, Regulatory Environment, The Alts Industry, Commodities, Emerging Alternative Investments, Other Topics in Alts

The U.S. Securities and Exchange Commission recently (on July 26) disapproved of proposed rules changes that would have greenlit listing of the Winklevoss Bitcoin Trust on the Bats BZX Exchange.  In essence, the SEC has now rejected the listing of a Bitcoin exchange-traded product (ETP) on a national exchange. TheRead More

Justice Anthony Kennedy and Securities Law

Jul 10th, 2018 | Filed under: Newly Added, Regulatory, Regulatory Environment, Legislation/Court rulings, The Alts Industry

When Justice Kennedy announced that he is stepping down from the US Supreme Court, the profiles of his time on that bench said a good deal about abortion, homosexual rights, and other hot-button issues, but relatively little about Kennedy’s contribution to securities law. Yet it is worth remembering that heRead More

Thoughts on the European Regulation on Short Selling

May 3rd, 2018 | Filed under: Hedge Fund Regulation, Equity Hedge Funds, Newly Added, Regulatory, Regulatory Environment, The Alts Industry, Hedge Funds

A new paper by Marco Dell’Erba and Giovanni Patti takes a look at a recent crisis involving the stock of the Monte dei Paschi di Siena (MPS), as a way of studying the pragmatics of the European Regulation on short selling (SSR). Dell’Urba is affiliated with the New York UniversityRead More

‘You Kick It’ and the Alternative Investment Industry

Apr 15th, 2018 | Filed under: Newly Added, Regulatory, Regulatory Environment, The Alts Industry, UCITs

The Alternative Investment Management Association, the London-based organization representing the interests of the world’s alternative investment industry, has issued a new whitepaper about the impact of the exit of the United Kingdom from the European Union. This ongoing event, known popularly as Brexit, has occupied armies of reporters, planners, andRead More

Half-Time Report on PwC’s Vision for Asset Management

Aug 20th, 2017 | Filed under: Industry Size & Managers, Newly Added, Regulatory, Regulatory Environment, Fees

Three years ago PwC published a paper on what they expect the asset management world will look like in 2020 – which is, as it happens, three years from now. We have reached the half-point in the hypothetical timeline. Much in the report still holds up, though of course itRead More


Oct 3rd, 2016 | Filed under: Newly Added, Regulatory, Regulatory Environment

By Mark D. Schorr, Of Counsel,Crow & Cushing Maybe you thought that employers whose employees are not organized in unions or which are not involved in traditional labor activities like strikes, lockouts and picketing are outside of the jurisdiction of the National Labor Relations Board (“NLRB”).  If you did, you wouldRead More

AIMA on the Consequences of Brexit: Three Scenarios

Jul 5th, 2016 | Filed under: Newly Added, Regulatory, Regulatory Environment, The Alts Industry

Among the questions that have acquired a great deal of urgency in recent days is: what will Brexit mean for MiFiD? Or for MAD? Or for the CMU? Britain has always been a major voice in the creation of these systems and directives within the EU. Where will hedge fundRead More

Centripetal versus Centrifugal Force: Fund Marketing in Europe

Jun 14th, 2016 | Filed under: Newly Added, Regulatory, Regulatory Environment, The Alts Industry, UCITs, Sales & Marketing in the AI Industry, Other Topics in Alts

On June 2, 2016 the EC issued a consultation document of interest to the many alpha seekers who would like to market their funds in one or more of the countries of the Eurozone. In a sense, its interest is much broader than that, because it fits into a veryRead More

The SEC: Still Fiddling with a 1940 Era Carburetor 

May 3rd, 2016 | Filed under: Newly Added, Alternative Mutual Funds, Regulatory, Regulatory Environment, Liquid Alts, The Alts Industry, Liquid Alternative Investiments, Other Topics in Alts

Steven A. Keen of Perkins Coie has posted an insightful discussion of section 18 of the Investment Company Act of 1940, and of the pending proposed regulation under that mandate, Rule 18f-4, on one of that firm’s blogs, the Derivatives & Repo Report. Both that proposal and Keen’s observations areRead More

The Impending Market Abuse Regulation (MAR) Mandates

Apr 10th, 2016 | Filed under: Newly Added, Regulatory, Regulatory Environment, The Alts Industry

On July 3, 2016 the new Market Abuse Regulation comes into effect throughout Europe, pursuant to 2014 legislation. The member states have transposed the MAR into national law.  Stefan Hendrickx is the founder and executive Director of Ancoa, recently looked at the “race to the MAR deadline” from the point ofRead More

Swaps Accounting: FVA as a Flawed Convention

Mar 15th, 2016 | Filed under: Hedge Fund Strategies, Equity Hedge Funds, Newly Added, Regulatory, Regulatory Environment, The Alts Industry, Hedge Funds

Leif Anderson, co-head of the global quant group at Bank of America Merrill Lynch, and two co-authors have prepared a draft of a paper that appears to identify an important error in the conventions for adjustments that derivatives dealers make to the disclosed valuations of their swap books.  It soundsRead More

KIDs Say the Darndest Things: Or, the Most Plain-Language Things

Feb 18th, 2016 | Filed under: Newly Added, Regulatory, Regulatory Environment, The Alts Industry, UCITs

Those of us with some years on us may remember that Art Linklater, an avuncular broadcast personality of the 50s and 60s of the last century, popularized the expression “kids say the darndest things,” as a recurring segment on his television show. In Europe today the question might be whetherRead More

How ‘Fair’ is New Chapter 11 Reform? New ABI Study Investigates

Jan 14th, 2016 | Filed under: Equity Hedge Funds, Newly Added, Alpha Strategies, Regulatory, Regulatory Environment, Event-Driven Hedge Funds, The Alts Industry, Hedge Funds

By Konstantin Danilov, CFA Even though the rate of public company bankruptcies is at an all-time low, there has recently been lots of discussion regarding proposed chapter 11 reform.  If enacted, some of these proposals may have interesting implications for distressed debt investors in the future. Proposed Reforms and ResponseRead More

The SEC Staff Proposal on ‘Accredited Investor’: Index Thresholds for Inflation, Create Grandfathers

Jan 7th, 2016 | Filed under: Newly Added, Regulatory, Regulatory Environment, The Alts Industry

Indexation would of course tend to contract the number of accredited investors. But other staff recommendations would have the opposite consequence, expanding the number, especially by allowing investors to qualify “based on other measures of sophistication” such as professional credentials, or the successful completion of an examination. Read More

Top Alpha Stories of 2015: Nerds Win Three, Lose Two

Dec 29th, 2015 | Filed under: Industry Size & Managers, Investing in Commodities, Newly Added, Regulatory, Regulatory Environment, The Alts Industry, Commodities, Structure of the Hedge Funds Industry

We offer our annual review of the five top Alpha stories of the year ending, in the course of which we mention that these are exciting times in the world of basic biological/medical research. They’ve been exciting at least since the completion of the map of the human genome in 2003, when attention turned to what can be done with that map. Read More

GFT Embraces the ‘Dawn’ of FRTB Requirements

Nov 18th, 2015 | Filed under: Regulatory, Regulatory Environment

The Basel Committee is engaged in a Fundamental Review of the Trading Book. Nothing has been finalized yet, but a new report from GFT Group suggests that the outlines of a new regulatory system for banks and their trading books is taking shape. And GFT is enthusiastic about this.Read More

Looking a ‘Gift’ Horse in the Mouth: The Latest on Section 363

Oct 22nd, 2015 | Filed under: Regulatory, Insolvency, Regulatory Environment, Business News

Something that may look a bit like a "gift plan" in the prohibited sense may turn out to be permissible under section 363 after all, according to a recent ICL decision written by Judge Thomas Ambro, in a precedent that will matter to anyone pursuing a distressed-assets strategy. Read More

Is it my imagination, or is the U.S. SEC cracking down on fund managers? (Video)

Oct 19th, 2015 | Filed under: Regulatory, Hedge Funds

Since the financial crises of 2008-09, regulation of financial firms has increased significantly. Recently the SEC has stepped up its enforcement actions and commensurate fines. What does this mean for managers and the cost of generating alpha?Read More

Merger Arb: News from Delaware’s Chancery Court

Oct 13th, 2015 | Filed under: Regulatory, Hedge Funds, Relative Value Hedge Funds

The court in Delaware clearly doesn’t believe that eliciting certain undramatic tidbits of news as supplemental disclosures is enough to earn plaintiffs’ attorneys their fees. Vice Chancellor Laster in particular has, in his own words, “been giving these [cases] a hard look for a while now,” and with Aruba the court puts its foot down. Read More

Is the FTC loosening its choke-hold on the mergers?

Oct 8th, 2015 | Filed under: Regulatory, Regulatory Environment, Business News

After a hard look at the evidence, Judge Polster couldn't say that the FTC was likely to prevail after a full hearing on its objection to the merger of two medical-equipment sterilizers, so he denied the preliminary injunction. Why this matters. Read More

The Enablers of the Fraudsters, Part I

Sep 1st, 2015 | Filed under: Regulatory, Insolvency

A new lawsuit against the corporate and individual enablers of a securities fraudster moves forward. The former are "alleged" enablers, but the latter is a convicted fraudster, already serving his time. Faille seeks to draw lessons. Part One of Two. Read More

Weintraub of GFT: Basel III Coming Into Force by Increments

Aug 20th, 2015 | Filed under: Hedge Fund Industry Trends, Risk management, Regulatory, Asset allocation

Faille spoke recently to Herman Weintraub, executive director and head of alternative investment practices at GFT, about the impact of the Basel III rule changes upon the HF industry. Weintraub says, one ought to look not at the parts, but at the whole. Read More

SEC’s Daniel Gallagher: Friend of the Beleaguered CCO

Aug 10th, 2015 | Filed under: Hedge Fund Regulation, Risk management, Regulatory

Commissioner Gallagher contends that some recent enforcement actions "have unfairly contorted the rule to treat the compliance function as a new business line," thus giving compliance officers the unwelcome role of business heads. In this and other respects, Gallagher says the agency is setting up a perverse system of incentives for those who ought to be its allies, the CCOs of IAs. Read More

Fractal Ambiguity in the AIFMD Passport Status of the U.S.

Aug 6th, 2015 | Filed under: Regulatory

What does the road to passport status look like for the US, regarding Europe's AIFMD? It looks rocky, and ESMA seems disinclined to draw a legible map. Instead it offers ambiguity and links to further ambiguity in the footnotes of its report.Read More

Enterprise Software Marketers Confirm: Seven is a Sacred Number

Jul 21st, 2015 | Filed under: Regulatory, Technology

God rested on the seventh day of the week of creation. Ever since, the number seven has stood for the completion of an epoch, or of a perfect set. Thus, a German enterprise concern has now listed the "seven pillars" for improved market surveillance through software.Read More

SEC: KKR Misallocated ‘Broken Deal’ Costs

Jul 14th, 2015 | Filed under: Private Equity, Risk management, Regulatory

A recent SEC finding at the expense of KKR illustrates the risk inherent in non-allocation, or careless allocation, of broken-deal expenses, and illustrates that lawyers don't necessarily use the word "deceit" to mean what one might think it means. Read More

Usury Law: Not Too far From the Madden Crowd

Jul 7th, 2015 | Filed under: Derivatives, Regulatory, Legislation/Court rulings

National and international markets have long been accustomed to the fact that various states in the United States have their own usury laws. Still, litigation in the 2d Circuit, arising out of New York, may have a substantial impact on credit markets and their derivatives. Read More

Fractional Reserve Banking: From First Premises

Jun 24th, 2015 | Filed under: Currencies, Regulatory

Banks are in the liquidity transformation business, and that is a critical role. But the ossification of the institutions that perform that role, by tradition, assumption, and concomitant regulation, is a threat to its success. Read More

Basel: What Does IRRBB Demand from Supervisors or Bank Boards?

Jun 18th, 2015 | Filed under: Regulatory

Central bankers now believe that they have to fix as supervisors what central bankers have wrought as money creators. The gnomes of Basel say that the interest rate risk management regime needs work because central bankers have given the world a prolonged period of exceptionally low interest rates, which has inevitably raised the stakes in this area. Read More

Spoofing: The ‘It’ Enforcement Action

Jun 17th, 2015 | Filed under: Algorithmic and high-frequency trading, Hedge Fund Strategies, Derivatives, Regulatory, Technology

Spoofing is probably about as ubiquitous as texting-while-driving. And it is possible to make an example of a spoofer caught red-handed. But it isn't clear what purpose that will serve. The real problem is that a broken market contains a broken set of incentives. Read More

Corporate Governance: Sunday in the Park With George

May 19th, 2015 | Filed under: Regulatory, Emerging markets

The controversy over corporate governance, and whether the changes favored by reformers show up as superior corporate performance (as measured, for example, by Tobin's q) strikes Faille as dangerously abstract. The only way to get to the pointillist painting is by starting with particular data points. Read More

Eurelectric Speaks Up For Grushenka

Apr 16th, 2015 | Filed under: Derivatives, Risk management, Regulatory

Is it possible or desirable to separate "speculation" from operational hedging, so as to clear the way for industries to do the latter without the regulatory burdens that planners want to impose upon the former? Once Europe has decided that speculation is a bad thing, won't it end up pursuing the demon ways that will collapse the proposed distinction? Read More

Liquidity, Leverage and Those Nimble Hedge Funds

Apr 9th, 2015 | Filed under: Hedge Fund Strategies, Derivatives, Risk management, Regulatory

Basel III has given us three different statistics with a common goal, to keep banks to a stable funding profile, neither too illiquid nor too highly leveraged. As these requirements come on-line, what will be the consequences for the relationship between prime brokers and hedge fund managers? Read More

Most Investors Sanguine About Central Clearing Mandates

Mar 22nd, 2015 | Filed under: Hedge Fund Industry Trends, Derivatives, Regulatory

The international push to mandate central clearing has expanded the clearinghouses "well beyond levels the market has ever seen," Greenwich Associates reminds us in a new report. This is an experiment, and there remains some grounds for uncertainty about the outcome. Read More

KPMG, MFA & AIMA: Institutional Investors & Customization

Mar 19th, 2015 | Filed under: Hedge Fund Industry Trends, Liability Driven Investing, Hedge Fund Strategies, Institutional Investing, Alternative Mutual Funds, Regulatory, Asset allocation, Fees

Surveys suggest that certain conspicuous ongoing trends will continue. For example, the classic 20 + 2 fee structure will continue to crumble, replaced by "customized" structures. A full 91% of the small hedge fund managers who filled out a survey agreed with this. A mere 76% of large hedge fund managers did likewise. Read More

ESMA to Member States: You’re Not Doing Enough Re: MiFiD

Mar 18th, 2015 | Filed under: Retail Investing, Institutional Investing, Regulatory

A newly released report tells us that ESMA is unhappy with the national "competent authorities" as to how they've enforced MiFiD. the report implies that the adjective in the phrase "competent authorities" is to be understood as a courtesy rather than a description. Read More

AIMA Reports: Activist Hedge Funds are the Good Guys

Mar 3rd, 2015 | Filed under: Private Equity, Hedge Fund Strategies, Regulatory

Activist investors usually aren't trying to take control of a company. And when they are, managers have strong existing tools to foil them. What activist investors can do is increase share value, over sustained periods.Read More

The Next Big Thing: A Robotic ‘Nexus’ of Contracts

Mar 2nd, 2015 | Filed under: Currencies, Regulatory, Technology, Digital currencies

In some fairly routine middle-critter corporate roles, there may no longer be much need for human managerial involvement. Enter the self-running business entity: another big step toward the obsolescence of human beings some of whom, nonetheless, will get wealthy in the process. Read More

On First Looking Into SEC’s Homer: A Final Rule on Swaps Reporting

Feb 23rd, 2015 | Filed under: Derivatives, Regulatory

Commenters successful pressed for certain changes in this massive new rule during its years of gestation. For example, the rule incorporates a T + 24 approach for the reporting of block trades. But warned, though, blizzards in NYC don't stop the ticking of that 24 hour clock. Read More

A Basis for Pursuing the Pursuers? Sonar-based Whale Hunts

Feb 17th, 2015 | Filed under: Algorithmic and high-frequency trading, Derivatives, Institutional Investing, Alpha Hunters, Regulatory

To the extent that high-frequency trading is analogized to 'insider trading,' it may be in trouble with securities regulators but still in the clear with commodities regulators. After all, the latter do allow hedgers to use non-public material information to protect themselves. But Gregory Scopino doesn't believe pinging and related HFT practices should be in the clear with the CFTC at all. Read More

Should Governments Slow Trading Down by Taxing It?

Feb 5th, 2015 | Filed under: Algorithmic and high-frequency trading, Hedge Fund Strategies, Regulatory, Technology

A physicist recently suggested that exchanges might do well to change the nature of the trading they host, holding batch auctions every one-hundredth of a second to better serve their real economic functions. Then a commenter proposed that taxation could achieve the same effect. Our physicist went back to the drawing board to consider this. Read More

Basel Committee’s Latest Progress Report: Buy IT

Feb 4th, 2015 | Filed under: Regulatory

Out of the 31 banks surveyed by the Basel Committee for its latest progress report on risk data aggregation, 45% reported that they will not be in compliance with the Basel demands by the deadline, a year from now. But surely there is a profit opportunity in here for someone. Read More

Crowdfunding: In the Gun Sights of Patent Plaintiffs

Feb 3rd, 2015 | Filed under: Regulatory, Crowdfunding, Intellectual Property, Legislation/Court rulings

The first of the three patents cited by the plaintiffs was filed at a time when the crowdfunding exemption movement was making a fair amount of noise on Capitol Hill, though it had not yet had tangible success. One might already entertain certain suspicions. Read More