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Hedge funds

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Institutionalization, Investment Adviser Regulation, And The Hedge Fund Problem, Anita Krug Dec 2011

Institutionalization, Investment Adviser Regulation, And The Hedge Fund Problem, Anita Krug

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This Article contends that more effective regulation of investment advisers could be achieved by recognizing that the growth of hedge funds, private equity funds, and other private funds in recent decades is a manifestation of institutionalization in the investment advisory context. That is, investment advisers today commonly advise these “institutions,” which have supplanted other, smaller investors as advisory clients. However, the federal securities statute governing investment advisers, the Investment Advisers Act of 1940, does not address the role of private funds as institutions that now intermediate those smaller investors’ relationships to investment advisers. Consistent with that failure, investment adviser regulation …


Private Fund Adviser Registration Act Hr-3818, Anita Krug Nov 2009

Private Fund Adviser Registration Act Hr-3818, Anita Krug

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This paper comments on the Obama administration's 2009 proposal for the regulation of hedge fund investment advisers.


Financial Regulatory Reform And Private Funds, Anita Krug Jul 2009

Financial Regulatory Reform And Private Funds, Anita Krug

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This white paper comments on the Obama administration's June 2009 proposal for the regulation of hedge fund investment advisers.


The Hedge Fund Transparency Act Of 2009, Anita Krug Feb 2009

The Hedge Fund Transparency Act Of 2009, Anita Krug

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This white paper provides a review and critique of a bill introduced by Senators Charles Grassley (R-Iowa) and Carl Levin (D-Mich.) in the Senate in early 2009 that, if enacted, would have imposed certain registration and disclosure requirements on hedge funds and certain other private funds.