THE STRUCTURE AND OPERATIONS
OF HEDGE FUNDS
First
Hedge Fund
Formed by Alfred Winslow Jones in 1949
Started with $100,000
Between 1955-1965 had returns of 670%
Primarily long positions, but also short
Black
Box Funds
Esoteric Portfolio Theory
Highly complex mathematical formulas
Computer driven
Quants
Hedge
Fund
a private investment vehicle that engages in the active
trading of various types of securities and
commodities, employ sophisticated investment
techniques, such as arbitrage, leverage, and hedging
and whose structure and operations are designed to
promote the goal of absolute returns.
Pooled/Partnerships
of Investment advisors
registered with the Securities & Exchange
Commission
Frequently invested in one or more upper tier
partnerships
Low turn over of investments
Low turn over of partners and partners are often
committed to additional contributions
There are usually no distributions until investment in
upper tier is sold
Long
Term Capital
When Genius Failed by
Roger Lowenstein
Players
James Simons
John Paulson
Former
Math Professor
Code Breaker for
Department of Defense
Uses computer driven models to
detect pricing anomalies in stocks,
commodities, futures, and options
Charges 5 and 44
Earns over 20% for his partners over
a multi-year period
Worked in mergers & acquisitions at
Bear Stearns
Founded his own hedge fund
with $2 million and 2 employees
Under his direction, Paulson & Co.
capitalized on the problem in the
foreclosure and mortgage backed
securities market
In 2007 alone his firm earned $15 billion! He personally made
$3.7 billion
In 2008, his firm hired former Fed Chairman, Alan Greenspan
Management
Fee
% of total assets in fund usually 2%
Incentive
Fee
% of net income – usually 20%
High water mark –
Meaning no compensation for manager if he/she has net
income in year one but, falls behind in year 2, than no
more incentive until he gets back to where he was.
High water mark may only apply for 2 years
Absolute
Return Strategy vs. Relative Return
Strategy
Relative is relative to something else, i.e., Standard &
Poors
You can’t eat relative returns!
Absolute returns stand alone
Alpha producing returns not tied to an index
Four
Primary Characteristics
Organized as partnerships with the General Partner having
a significant investment
Managers are compensated based on fund performance
Investors purchase interest in fund for a % of a fund profit.
Interests are significant, restricted transferability and
limited redemption
Provide liquidity and capital to the market place
• A role that has been vacated by the large brokerage firms as
they have shut down their proprietary trading desks
Limited
Partnerships/LLC
Fees typically are 2 and 20
Normally utilize a high water mark or hurdle rate
Claw back provision
No
rules
Unlimited types of investments
Shorts permitted
Margins permitted
Limited
redemption opportunities
Governed by the partnership agreement
Approximately 8,000 hedge funds with more than $2.68
trillion currently
Types
of Funds
Fund of Funds
Master Feeder Funds
• Assets are pooled into one account and managed as a single portfolio
• Profits and losses are allocated on where funds come from (capital
contributions/distributions)
3(c)(7) Fund– under 500 investors, limited to only qualified
investors (investors with over $5 million in liquid, investable assets)
3(c)(1) Fund– under 100 investors and limited to 35 non-accredited
sophisticated investors (accredited investors have excess of
$200,000 of annual income or a minimum of $1 million in net
worth exclusive of Primary residence
Except for the exemption under Sec. 3(c)(1) or Sec. (c)(7) above,
hedge funds would fall under the regulations for regulated
investment companies
Entry
normally limited to yearly, quarterly, or
monthly per partnership agreement
Sold through a private placement memorandum
Partnership Agreement
Subscription Agreement
Administration/Operations
Prime Broker
• Execution of trades done monthly through trading
screens piped through the internet to a broker
• Provides portfolio reporting, securities lending, office
space, technology help, leverage, etc.
Hedge Fund Hotels
• Could be the prime broker or a non-clearing broker
• Provides office space, computer, and the rest of build
out in the office quarters
Administrator
Provide general ledger accounting
The allocation of income and expenses and gains
and losses to the partners
Calculation of management and incentive fees, highwater-marks and hurdle rates
There is an interface between what the prime broker
provides and what the administrator provides
• The prime broker often provides a special trade date
run that complies with U.S. GAAP
Accounting
Break Period
• Occurs as partners ownership percentages changes through
purchases and redemptions
Aggregate Method vs. Layering Method
• The Aggregate Method does not take into account each
partners individual portion of unrealized gain or loss for
each security held by the fund
Allocations are based on the unrealized gain or loss of the
partnership’s securities as a whole
• The Layering Method accounts for each partner’s share of
unrealized gain or loss generated on each security over a
period of time
Rule 206(4), an investment advisor registered with the Sec and
acting as general partner to a pooled investment vehicle, such as a
hedge fund, and has custody of the client’s assets is subject to this
rule. 1
Must maintain client’s funds and securities with a qualified custodian
Must be audited annually
Must distribute audited U.S. GAAP financial statements to all
investors within 120 days of the end of the fiscal year or 180 days for
Fund-of-Funds
Must have a compliance officer
1 Hedge
funds must register with the Securities and Exchange
Commission when they have $100 million in assets.