Hedge Fund Regulation Is Unnecessary.
Hedge Fund Regulation Is Not Necessary.
NOTE: HEDGE FUND REGISTRATION: YESTERDAY’S REGULATORY SCHEMES FOR TODAY’S INVESTMENT VEHICLES . BY: Sargon Daniel. 2007 COLUM. BUS. L. REV. 247
“This note argues that a hedge fund registration requirement is inadequate”
“With each suggestion, the least intrusive and most market-oriented approach was presented and advocated”
[no regulation, but self regulation or market-oriented approach]
Article: ON THE DECISION TO REGULATE HEDGE FUNDS: THE SEC’S REGULATORY PHILOSOPHY, STYLE, AND MISSION . BY: Troy A. Paredes. 2006 U. Ill. L. Rev. 975
“nobody knows for sure what motivates a regulator”
“To mitigate the risk of overregulation, the SEC should increasingly consider using default rules instead of mandatory rules.”
“perhaps the SEC can exercise an even lighter touch and simply articulate best practices”
[no regulation, but give guidance]
ARTICLE: HEDGE FUNDS IN CORPORATE GOVERNANCE AND CORPORATE CONTROL . BY: Marcel Kahan & Edward B. Rock. 155 U. Pa. L. Rev. 1021
“But we nevertheless conclude that, at this point, no regulatory intervention is warranted”
[no regulation]
ARTICLE: DR. JONES AND THE RAIDERS OF LOST CAPITAL: HEDGE FUND REGULATION, PART II,A SELF-REGULATION PROPOSAL . BY: By J.W. Verret. 32 Del. J. Corp. L. 799
“In June of 2006, Philip Goldstein and his hedge fund Opportunity Partners L.P. challenged the SEC’s equation of “client” with “investor” in the new regulation.”
“the SEC and banking regulators will burden the nimble traders of the hedge fund world with regulation”
“There is a marked discrepancy between the SEC’s stated goals in SEC Report and their previous registration rule.”
“Any future attempts at hedge fund regulation can be enhanced by the effectiveness of the self-regulatory model.”
[no regulation, but self regulation]
NOTE: LOOKING THROUGH THE HEDGES: HOW THE SEC JUSTIFIED ITS DECISION TO REQUIRE REGISTRATION OF HEDGE FUND ADVISERS . BY: Laura Edwards.
83 Wash. U. L. Q. 603
“In 1998, the infamous hedge fund, Long Term Capital Management (“LTCM”), collapsed, threatening to bring down the entire global economy. n1”
“it is unclear how much information the SEC will receive from the registration proposal, and whether or not the SEC will be able to detect and deter fraud.”
“the dissenting Commissioners can claim logically that the investors will not benefit from having access to more information about the industry.”
[no regulation, but propose two sides working together to come an solution in the future]
