Court ruling eases privacy concerns.
A recent court decision curbs the government’s attempts to
regulate hedge funds and also relieves family offices from the threat of extra
scrutiny. Last week, a federal appeals court rejected a rule that went into
effect in February requiring hedge funds to register with the Securities and
Exchange Commission.
The rule required hedge funds with 15 or more investors and more
than $25 million in assets under management to file detailed disclosure
statements. This affected not only hedge funds, but multifamily offices, which
could have avoided registering by advising fewer than 15 clients. The new
provision, however, changed the definition of a client by counting each
shareholder, limited partner or beneficiary of a private fund. Since family
members frequently oversee their family offices, these new rules raised privacy
worries in the event that providing investment advice or choosing outside
advisors could require registering with the SEC.
For now, this lifts family office concerns, barring a successful
SEC appeal or rule revision.
The SEC will evaluate the court’s decision and develop
alternatives, according to a statement from chairman Christopher Cox released
June 23. The court decision, “requires that going forward we
reevaluate the agency’s approach to hedge fund activity,” he said.
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