The Regulation of Hedge FundsThe Regulation of Hedge Funds

2020-12-282020-12-28 Ana Maria FagetanAna Maria Fagetan

This book analyses elements of international finance, comparing the regulation of hedge funds in United States, Europe, the UK, and off-shore jurisdictions in the aftermath of the financial crisis.

Author: Ana Maria Fagetan

Publisher: Springer Nature

ISBN: 9783030637064

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Page: 494

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This book analyses elements of international finance, comparing the regulation of hedge funds in United States, Europe, the UK, and off-shore jurisdictions in the aftermath of the financial crisis. It critically compares the Dodd- Frank Act in US with the Alternative Investment Funds Managers Directive in Europe. Moreover, it goes further by analyzing the implementation of the AIFM Directive in seven jurisdictions in Europe famous for the incorporation of hedge funds: the United Kingdom, Italy, France, Ireland, Malta, Luxembourg, and Switzerland. The book also analyses the effect of Brexit on the legislation in the UK regarding the application of the directive and the distribution of financial products in Continental Europe, and will be of particular interest to researchers, academics, and students of international finance and financial regulation.

Hedge Fund Regulation in the European UnionHedge Fund Regulation in the European Union

2009-04-142009-04-14 Phoebus AthanassiouPhoebus Athanassiou

In Financial Stability and Central Banks: A Global Perspective, edited by R. A. Brealey, A. Clark, C. Goodhart, J. Healey, G. Hoggarth, D. T. Llewellyn, C. Shu, ... In Hedge Funds: Law and Regulation, edited by I. Cullen & H. Parry.

Author: Phoebus Athanassiou

Publisher: Kluwer Law International B.V.

ISBN: 9789041144652

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Page: 384

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While hedge funds have been part and parcel of the global asset management landscape for well over fifty years, it is only relatively recently that they came to prominence as one of the fastest growing and most vigorous sub-sectors of the financial services industry. Despite their growing significance for global and European financial markets, hedge funds continue enjoying a sui generis regulatory status. The ongoing credit crisis and its lessons for the wisdom of unregulated or loosely regulated pockets of financial activity raise, with renewed urgency, the issue of deciding how long for the relative regulatory immunity of hedge funds is to be tolerated in the name of financial innovation. This well-thought-out book, the first of its kind in this particular field, examines the case for the European onshore hedge fund industry’s regulation, making concrete proposals for its normative future. Following a detailed account of the ‘established’ regulatory systems in Ireland and Luxembourg, as well as of the ‘emerging’ hedge fund jurisdictions in Italy, France, Spain and Germany, and of the regulatory treatment of hedge funds in the UK, this book examines to what extent the continuing exclusion of hedge funds from harmonized European regulation is defensible, whether their differences to traditional asset management products justify their distinct regulatory treatment and, ultimately, if their EU-wide regulation is possible and, if so, what form this should take. This book offers enormously valuable insights into all facets of the subject of the regulation of hedge funds, including: the legitimacy of the public policy interest in their activities; the conceptual underpinnings and systemic stability emphasis of a realistic hedge fund regulatory scheme; the main parameters of a workable onshore hedge fund regulatory framework; the role of investor protection and market integrity as part of a holistic hedge fund regulatory scheme; the possible use of the UCITS framework as a foundation for the EU-wide regulation of hedge funds; the MiFID’s impact on the regulatory future of the European hedge fund industry; existing cross-jurisdictional differences and similarities in the normative treatment of hedge funds within the EU; hitherto initiatives and recommendations of the Community institutions and bodies; and the need for more efficient co-operation and information-sharing arrangements amongst national supervisors for the monitoring of the cross-border risks inherent in the activities of hedge funds. As the first ever comprehensive account of the profile, main features and normative future of the contemporary global and European hedge fund markets – including a systematic inquiry into the conceptual underpinnings of hedge fund regulation and a detailed examination of the European hedge fund industry’s treatment under Community and domestic law – this book represents a major contribution to the literature on hedge funds and their regulation which, through its concrete proposals for the onshore industry’s regulation and its clear analysis of the conditions necessary for their implementation, should be of extraordinary value to policymakers, supervisors and academics alike.

Alternative Investments Existing and expected legal framework for the operations of hedge funds in European and German lawAlternative Investments Existing and expected legal framework for the operations of hedge funds in European and German law

2010-062010-06 Marco M. SperlichMarco M. Sperlich

During the last 15 years the hedge fund industry has become one of the most creative and rapid growing areas within the financial industry and has made it hard for regulators to mitigate the potential risks posed to investors and the ...

Author: Marco M. Sperlich

Publisher: Diplomica Verlag

ISBN: 3836688611

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Page: 56

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During the last 15 years the hedge fund industry has become one of the most creative and rapid growing areas within the financial industry and has made it hard for regulators to mitigate the potential risks posed to investors and the financial system. In light of the financial crisis, international interest in the supervision and regulation of the financial industry has increased rapidly, particularly with regard to hedge funds and there is no doubt that international and European initiatives will influence hedge fund operations in European and German law. The aim of this thesis is to introduce the reader from a legal perspective to the general characteristics of hedge funds as well as the existing and expected legal schemes for the operations of hedge funds in European and German law. The thesis explains the characteristics of hedge fund schemes by describing their origin and terms of hedge funds used. In general, the reader will be introduced to the European and German legal landscape as well as to market participants in the hedge funds business by analysing applicable German law as well the practability of existing EU Directives and Regulations. Furthermore a brief summary of the financial supervisory framework will be presented as well as the role of hedge fund associations. The reader will also find a chapter analyzing and describing the proposed Directive for Alternative Investment Fund Managers (AIFM) by following its table of contents resulting in a comparative summary on expected European regulation and possible impacts to German law. Finally, I highlight two conclusions. First on the proposed AIFM Directive, which is still in draft, and therefore a statement of political intent, has no binding effect and I expect that the proposed regulations encompassed in the Directive will evolve significantly prior to the passage of new legislation due to lobbying by hedge fund associations and the United Kingdom (UK) government. The second conclusion is that Germany is already prepared to provide a regulatory framework for the operations of hedge funds in the context of the AIFM Directive. Also, existing hedge fund providers in Germany are already able to provide the required regulatory infrastructures when entering or offering hedge funds business in Germany, which could result in a competitive advantage to other EU Member States.

Credit Derivatives Handbook Global Perspectives Innovations and Market DriversCredit Derivatives Handbook Global Perspectives Innovations and Market Drivers

2008-07-312008-07-31 Greg N. GregoriouGreg N. Gregoriou

Greg N. Gregoriou is Professor of Finance in the School of Business and Economics at State University of New York ... He has published over 50 academic articles on hedge funds and managed futures in various peer-reviewed journals, ...

Author: Greg N. Gregoriou

Publisher: McGraw Hill Professional

ISBN: 9780071549530

Category:

Page: 528

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The world’s leading financial thinkers share their insights into the latest developments in credit derivatives In The Credit Derivatives Handbook, some of the world's sharpest financial and legal minds come together to discuss how credit derivatives have evolved from tools restricted to the banking industry into flexible and customizable instruments used by investors of all kinds. You will come away with the knowledge and insight needed to measure and value risk, as well as the ability to put credit derivatives to work. Over fifteen contributors provide in-depth analyses of subjects in their respective areas of expertise, such as: Key products, applications, and typical trades, hedging and credit structuring Pricing of credit default swaps and synthetic CDOs Design of synthetic CDOs Copula models, with illustrative examples Credit derivatives in investment portfolios Opportunities for structuring credit derivatives in accordance with Islamic finance Comprehensive in scope but executed in meticulous detail, The Credit Derivatives Handbook provides a complete, global perspective of what the editors consider “one of the most important financial innovations of recent times.”

Hedge FundsHedge Funds

2004-01-012004-01-01 Theodor BaumsTheodor Baums

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 ...

Author: Theodor Baums

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 9783110907346

Category:

Page: 169

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[Hedge Funds. Risiken und Regulierung] Bei diesem Buch handelt es sich um den Einführungsband der Schriftenreihe des Institute for Law and Finance. Er enthält die Beiträge der ILF/DAI-Konferenz, die im Mai 2003 unter dem Titel "Hedge Funds: Risiken und Regulierung" stattfand. Die Beiträge diskutieren die wirtschaftlichen Merkmale von Hedge Funds und Strategien der Regulierung von Fonds. Die ersten beiden Aufsätze untersuchen Hedge Funds aus ökonomischem Blickwinkel. Alexander M. Ineichen, Geschäftsführer und Leiter von AIS Research bei UBS, erläutert die ökonomische Realität von Hedge Funds frei von den Mythen, die sich um sie gerankt haben. Im Anschluss stellt Franklin R. Edwards, Professor und Direktor des Zentrums für das Studium von Zukunftsmärkten an der Columbia Business School in New York, dar, wie die Regulierung von Hedge Funds auf ihre ökonomische Kernrealität, die Ziele finanzieller Stabilität und des Schutzes der Investoren zugeschnitten sein müsste. Als nächste stellen Marcia L. MacHarg, Partnerin bei Debevoise & Plimpton LLP, Ashley Kovas, Manager in der Abteilung für Businessstandards der Finanzdienstleistungsbehörde in London, und Edgar Wallach, Partner von Hengeler Mueller, den Stand der relevanten Regulierungsstrukturen in den Vereinigten Staaten, in Großbritannien und in Deutschland vor. Das Buch schließt mit einer Analyse der Gesellschaftsstrukturen, die auf deutsche Hedge Funds angewendet werden, verfasst von Kai-Uwe Steck, einem Mitglied der German Asset Management practice group der Shearman & Sterling LLP.

Venture Capital and Private Equity ContractingVenture Capital and Private Equity Contracting

2013-08-212013-08-21 Douglas J. CummingDouglas J. Cumming

With seven new or completely revised chapters covering a range of topics from Fund Size and Diseconomies of Scale to Fundraising and Regulation, this new edition will be essential for financial and legal students and researchers considering ...

Author: Douglas J. Cumming

Publisher: Academic Press

ISBN: 9780124095960

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Page: 780

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Other books present corporate finance approaches to the venture capital and private equity industry, but many key decisions require an understanding of the ways that law and economics work together. This revised and updated 2e offers broad perspectives and principles not found in other course books, enabling readers to deduce the economic implications of specific contract terms. This approach avoids the common pitfalls of implying that contractual terms apply equally to firms in any industry anywhere in the world. In the 2e, datasets from over 40 countries are used to analyze and consider limited partnership contracts, compensation agreements, and differences in the structure of limited partnership venture capital funds, corporate venture capital funds, and government venture capital funds. There is also an in-depth study of contracts between different types of venture capital funds and entrepreneurial firms, including security design, and detailed cash flow, control and veto rights. The implications of such contracts for value-added effort and for performance are examined with reference to data from an international perspective. With seven new or completely revised chapters covering a range of topics from Fund Size and Diseconomies of Scale to Fundraising and Regulation, this new edition will be essential for financial and legal students and researchers considering international venture capital and private equity. An analysis of the structure and governance features of venture capital contracts In-depth study of contracts between different types of venture capital funds and entrepreneurial firms Presents international datasets from over 40 countries around the world Additional references on a companion website Contains sample contracts, including limited partnership agreements, term sheets, shareholder agreements, and subscription agreements

Hedge FundsHedge Funds

20082008 Dale GabbertDale Gabbert

Armed with a strong practical focus, the book covers both domestic and international aspects in one handy volume.Topics covered include how to set up a hedge fund, the core law (FSA, FSMA, CIS regime), jurisdiction and choice of vehicle, a ...

Author: Dale Gabbert

Publisher: Butterworth-Heinemann

ISBN: 1405717203

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Page: 213

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Hedge Funds provides a user-friendly, concise yet comprehensive guide to the core law of hedge funds. Armed with a strong practical focus, the book covers both domestic and international aspects in one handy volume.Topics covered include how to set up a hedge fund, the core law (FSA, FSMA, CIS regime), jurisdiction and choice of vehicle, a comparative assessment of different offshore jurisdictions, commentary on the US position (from a UK practitioner's perspective), tax aspects, trading strategies, market abuse and the investor perspective.

Rescue of Business in EuropeRescue of Business in Europe

2020-01-302020-01-30 Bob WesselsBob Wessels

INSOL International, the worldwide federation of national organisations of accountants and lawyers, specializing in ... See Bob Wessels, International Insolvency Law Part I. Global Perspectives on Cross-Border Insolvency Law (Wessels ...

Author: Bob Wessels

Publisher: Oxford University Press

ISBN: 9780192561114

Category:

Page: 1552

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This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.

The Financial and Economic CrisesThe Financial and Economic Crises

2010-01-012010-01-01 Benton E. GupBenton E. Gup

An International Perspective Benton E. Gup. Noyer, C. (2007), 'Hedge Funds: what are the main issues?', Financial Stability Review, Special Issue on Hedge Funds, No. 10, April. Opalesque (2009), 'Absolute return: American hedge fund ...

Author: Benton E. Gup

Publisher: Edward Elgar Publishing

ISBN: 9781849806763

Category:

Page: 256

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The 2007 financial and economic crisis that began in the United States and quickly spread around the world differed from earlier crises in a number of significant ways. This book examines the causes of these events in the US, and their impacts on North America, Europe, Asia and Australia. As with previous crises, real estate booms and busts and excessive financial leverage played key roles; however, the most recent crisis had many unique aspects to it, all of which are explored here in depth. This includes the role played by large international banks, shadow banks, increased global liquidity, population growth and other factors. Collectively, these factors contributed to interconnected economies and financial markets to an extent that never existed before. The net result was the unprecedented ripple effect of the crisis from the US and into the rest of the world. The impact in the US was significantly different than the impact in Canada, Japan, Spain and other countries. Significantly, the global effects of the crisis varied widely from country to country, as did government responses to the crisis. The contributors to this book international academics, bank regulators, and practitioners critique the crises and important international regulatory issues from the point of view of various countries. Academics, regulators, legislators and financial practitioners will do well to add this book to their shelves.