Is Systemic Risk Prevention The New Paradigm A Proposal To Expand Investor Protection Principles To The Hedge Fund Industry
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| Author | : Cary Martin Shelby |
| Publisher | : |
| Total Pages | : 56 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
The Dodd-Frank Act finally achieved the inevitable. It subjects hedge funds to significant regulatory oversight even though they were previously exempt from regulation. In 2006, the SEC notoriously failed at this task when the D.C. Court of Appeals held that the agency acted outside of its rulemaking authority in attempting to regulate hedge fund advisers. Through the passage of the Dodd-Frank Act, Congress finally finished what the SEC started by using the current political climate to close this regulatory loophole. The Dodd-Frank Act is a step in the right direction, but it leaves an important question largely unanswered: Should hedge fund investors actually be protected under our federal securities laws? While the Dodd-Frank Act will require many hedge fund advisers to register under the Advisers Act, the extent to which this will actually protect investors is unclear. Overall, the Dodd-Frank Act seems to be limited to systemic risk prevention. Many researchers in this area agree with this approach and believe that investor protection is inapplicable in this case, since such investors are typically institutions or wealthy individuals who can presumably fend for themselves. This view is consistent with traditional notions of investor protection, which reject the argument that investor protection principles should be expanded to hedge fund investors. In contrast, this article focuses on the need for greater protection of these investors since the hedge fund industry has morphed into its own distinct marketplace that has grown increasingly complex. As such, this article specifically argues that the Dodd-Frank Act does not provide hedge fund investors with enough information to adequately protect themselves from the unique informational challenges associated with hedge fund investments. These unique issues encompass an overall lack of standardization within the industry, particularly with respect to its disclosure practices, risk assessments, and valuation procedures. Furthermore, the losses of these sophisticated investors can adversely impact unsuspecting retail investors as well the entire economy, which makes the expansion of investor protection concepts a pressing issue. This article concludes by proposing an alternative regulatory framework that creates uniform and mandatory measures of risk and valuation, which would provide reliable and consistent disclosures to investors, and create more transparency within the hedge fund marketplace.
| Author | : United States. Congress. House. Committee on Financial Services |
| Publisher | : Government Printing Office |
| Total Pages | : 144 |
| Release | : 2007 |
| Genre | : Electronic government information |
| ISBN | : |
| Author | : United States. Congress. House. Committee on Financial Services |
| Publisher | : |
| Total Pages | : 100 |
| Release | : 2007 |
| Genre | : Business & Economics |
| ISBN | : |
| Author | : Theodor Baums |
| Publisher | : Walter de Gruyter |
| Total Pages | : 178 |
| Release | : 2004 |
| Genre | : Business & Economics |
| ISBN | : 9783899491494 |
The number of hedge funds and the assets they have under management has increased in recent years. This increase became significantly more pronounced after the market downturn in 2001. Hedge funds can help investors to benefit from volatile and even sinking stock markets. However, despite the prominent use of the word "hedge" in their name, such funds rarely offer a safe hedge against risk, given that they depend heavily on skill-based investment techniques and often invest in highly speculative financial instruments. Nevertheless, such funds received no specific treatment in the legislation of such major markets as Germany and the United States for years. Against the backdrop of international regulatory concern for hedge funds, the Institute for Law and Finance (ILF), in cooperation with Deutsches Aktieninstitut e.V. (DAI), brought together leading scholars, lawyers and bankers, to assess the risks, opportunities and regulatory challenges that hedge funds present. At the time of the conference, German lawmakers were still discussing the need and possible content of a new law. The fruit of their discussions was the German Investment-Modernization Act (Investmentmodernisierungsgesetz), which entered into force on January 1, 2004, and increased the attractiveness of offering hedge fund products in the German market. This inaugural volume of the Institute for Law and Finance Series contains the proceedings of the ILF/DAI May 2003 conference entitled "Hedge Funds: Risks and Regulation", and presents papers discussing the economic characteristics of and regulatory strategies for addressing hedge funds. The first two papers examine hedge funds from an economic perspective. Alexander M. Ineichen, Managing Director and Global Head of AIS Research at UBS, reveals the economic reality of hedge funds from the myths that has surrounded them. Then Franklin R. Edwards, Professor and Director of the Center for the Study of Futures Markets of the Columbia Business School in New York explains how the regulation of hedge funds should be tailored to their core economic reality and the goals of financial stability and investor protection. Next, Marcia L. MacHarg, a partner of Debevoise & Plimpton LLP, Ashley Kovas, a Manager in the Business Standards Department of the Financial Services Authority, London, and Edgar Wallach, a partner of Hengeler Mueller, present the state of the relevant regulatory structures in the United States, the United Kingdom, and Germany, respectively. The book then closes with an analysis of corporate structures used for German hedge funds, offered by Kai-Uwe Steck, a member of the German Asset Management practice group of Shearman & Sterling LLP.
| Author | : Lloyd S. Dixon |
| Publisher | : Rand Corporation |
| Total Pages | : 23 |
| Release | : 2013 |
| Genre | : Hedge funds |
| ISBN | : 0833080857 |
These proceedings summarize the key themes and issues raised during a September 2012 RAND symposium. Discussion focused on how hedge funds might contribute to systemic risk and the extent to which recent financial reforms address these risks.
| Author | : Tamar Frankel |
| Publisher | : Wolters Kluwer |
| Total Pages | : 4826 |
| Release | : 2015-09-16 |
| Genre | : Law |
| ISBN | : 145487063X |
The Regulation of Money Managers (with the original subtitle: The Investment Company Act and The Investment Advisers Act) was published in 1978 and 1980. The Second Edition, subtitled Mutual Funds and Advisers, was published in 2001 and has been annually updated since then. It is a comprehensive and exhaustive treatise on investment management regulation. The treatise covers federal and state statutes, their legislative history, common law, judicial decisions, rules and regulations of the Securities and Exchange Commission, staff reports, and other publications dealing with investment advisers and investment companies. The treatise touches on other financial institutions such as banks, insurance companies, and pension funds. The work also discusses the economic, business, and theoretical aspects of the investment management industry and their effects on the law and on policy. The treatise contains detailed analysis of the history and development of the Investment Company Act and the Investment Advisers Act. It examines the definitions in the Acts, including the concept of ‘‘investment adviser,’’ ‘‘affiliates,’’ and ‘‘interested persons.’’ It outlines the duties of investment company directors, the independent directors, and other fiduciaries of investment companies. The treatise deals with the SEC’s enforcement powers and private parties’ rights of action.
| Author | : Lloyd Dixon |
| Publisher | : Rand Corporation |
| Total Pages | : 146 |
| Release | : 2012-09-18 |
| Genre | : Business & Economics |
| ISBN | : 9780833077868 |
This report explores the extent to which hedge funds create or contribute to systemic risk, the role they played in the financial crisis, and whether and how the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 addresses the potential systemic risks posed by hedge funds.
| Author | : Mr.Stijn Claessens |
| Publisher | : International Monetary Fund |
| Total Pages | : 39 |
| Release | : 2014-03-14 |
| Genre | : Business & Economics |
| ISBN | : 1484336658 |
We identify current challenges for creating stable, yet efficient financial systems using lessons from recent and past crises. Reforms need to start from three tenets: adopting a system-wide perspective explicitly aimed at addressing market failures; understanding and incorporating into regulations agents’ incentives so as to align them better with societies’ goals; and acknowledging that risks of crises will always remain, in part due to (unknown) unknowns – be they tipping points, fault lines, or spillovers. Corresponding to these three tenets, specific areas for further reforms are identified. Policy makers need to resist, however, fine-tuning regulations: a “do not harm” approach is often preferable. And as risks will remain, crisis management needs to be made an integral part of system design, not relegated to improvisation after the fact.
| Author | : OECD |
| Publisher | : OECD Publishing |
| Total Pages | : 94 |
| Release | : 2021-05-20 |
| Genre | : |
| ISBN | : 9264852395 |
This edition of the OECD Sovereign Borrowing Outlook reviews developments in response to the COVID-19 pandemic for government borrowing needs, funding conditions and funding strategies in the OECD area.
| Author | : Dirk A. Zetzsche |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 907 |
| Release | : 2015-09-14 |
| Genre | : Law |
| ISBN | : 9041149953 |
Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.
