Purpose – The purpose of this paper is to explain restrictions on nonqualified deferred compensation arrangements contained in Section 409A of the Internal Revenue Code. Design/methodology/approach – The study explains the background to Section 409A, how Section 409A applies to hedge funds,...

Purpose – The purpose of this paper is to discuss state securities legend requirements for private offerings made pursuant to Rule 506 of Regulation D, with a particular focus on hedge fund and private equity fund issuers. Design/methodology/approach – The paper explains relevant federal and...

Purpose – The purpose of this paper is to remind sponsors and managers of hedge funds and private funds (including private equity and venture capital funds) of certain “best practices” that they should consider. Design/methodology/approach – The paper offers considerations concerning:...

Purpose – The purpose of this paper is to explain some tax management complications for onshore and offshore hedge funds posed by US FIN 48, Uncertain Tax Positions, and to emphasize the hedge fund manager's responsibility for careful tax planning and compliance. Design/methodology/approach...

Purpose – The current financial crisis revealed weaknesses in the US financial system, including the difficulty of valuing complex assets. This paper seeks to examine regulatory and compliance issues for hedge funds valuing complex assets. Design/methodology/approach – Within the context of...

Purpose – This paper aims to give an overview of the English law position on potential liability for misstatements and claims which investors may be considering. Design/methodology/approach – The paper discusses liability for information contained in prospectuses, where liability for...

Purpose – The purpose of this paper is to offer case studies of hedge fund fraud, solutions that could mitigate hedge fund fraud risk, and a proposal for the industry to establish a hedge fund information depository (HFID) where participants/stakeholders could provide information on any hedge...

Purpose – The purpose of this paper is to to summarize Advisers Act registration implications for non‐US advisers that now rely on the “private adviser” exemption from Advisers Act registration and to summarize the principal changes affecting investors in funds managed by non‐US...

Purpose – This paper aims to analyze various issues a hedge fund manager should consider prior to executing any electronic trading agreement with a prime broker. Design/methodology/approach – The paper discusses how hedge fund managers use electronic trading platforms and prime brokerage...

Purpose – The aim of this paper is to provide hedge fund and other private fund managers with a brief recap of regulatory changes in 2010 and a reminder of certain “best practices” they should consider as they prepare for 2011. Design/methodology/approach – The paper provides 2010...