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Capital Management Services Group's Blog

Strategic Hedge Fund Planning

March 21, 2012 Comments (0)

Creating a hedge fund to protect and manage your assets or the assets of others for a fee is a practical way to earn a living.   Successful hedge funds continue to attract the wealthy, the working not-so-wealthy, businesses, and pension funds looking for better investment options.  Despite recent law changes, the United States still offers a favorable environment for smaller hedge fund startups.   The purpose of this article is to highlight...

Forex Trader-to-Forex Fund Manager - Starting a Forex Fund

March 20, 2012 Comments (0)

By Hannah M. Terhune, Esquire 2009©Capital Management Services Group
How do I set up a forex fund?Setting up a forex fund means hiring a lawyer with the proper expertise to prepare all of the required documents and provide you with tax and regulatory advice. It's not as complicated as it may seem. To start a forex fund you need two companies: the forex fund and its investment manager. In the United States, the forex fund is a limited partnership unless multiple share classes are needed,...

Mixing Investment Advisor and Brokerage Services

March 20, 2012 Comments (0)

By Hannah M. Terhune, Esquire 2007©Capital Management Services Group
Trendy money managers and brokers take on the role of chief cook and bottle washer when they opt to be all things to all clients. In the context of this article, we are interested in those situations when they opt to be their client's broker (or introducing broker) and investment adviser (either to a fund or private client). By becoming a broker, the money manager can significantly increase his bottom line as he is now...

Hedge Funds - Raising Capital and Internet Offers

March 20, 2012 Comments (0)

By Hannah M. Terhune, Esquire 2008©Capital Management Services Group
What good is the best performance record around if few people know about it? Marketing and promotion are vital for a private fund to succeed. However, unlike other businesses significant restrictions exist for private funds. Only registered, listed funds (e.g., mutual funds) may market themselves to the general public. Non-registered, private funds must market themselves and their performance records in a...

Strating a Forex Fund

March 20, 2012 Comments (0)

By Hannah M. Terhune, Esquire 2008©Capital Management Services Group
Market conditions have never been better for setting up a forex fund. The number of forex funds and corresponding investors has grown as a result of expanding customer markets. Therefore, traders interested in starting a forex fund (or managing customer accounts) should familiarize themselves with the legal landscape as they consider earning a living in this profitable retail industry. An experienced and disciplined...

Hedge Fund Performance Fees

March 20, 2012 Comments (0)

By Hannah M. Terhune, Esquire 2008©Capital Management Services Group
Paying Hedge Fund ManagementThere are two ways Hedge fund managers can profit. Charging a management fee (typically 1%-2% annually) plus receiving a percentage of the fund's performance (often set at 20%). Performance is typically calculated on a cumulative basis with incentive fees calculated against a ceiling or “high-water mark”. Losses experienced by a hedge fund in one or more prior years must first...

Federal and State Securities Law on Finders, Brokers, and Finder’s Fees

March 19, 2012 Comments (0)

James C. Brennan, Esquire and Hannah Terhune, Esquire ©2011Capital Management Services Group
Finder Generally:
Federal and State securities law recognizes a finder as "someone who finds, interests, introduces and brings parties together for a business transaction that the parties themselves negotiate and consummate."  Unlike a broker, a finder has no duty to bring the parties to an agreement, but instead acts as an intermediary or middleman.   Finders find potential buyers...

Hedge Funds – Limited Partners’ Right of Access After Parkcentral Global, L.P., v. Brown Investment Management, L.P.

June 29, 2011 Comments (0)

James C. Brennan, Esq. ©2011Capital Management Services Group
As a result of the decision of the Supreme Court of Delaware in Parkcentral Global, L.P., v. Brown Investment Management, L.P. (“P-G case”), the general consensus by the legal/financial community appears to be that General Partners who wish to bar access to confidential information between Limited Partners (”LPs”) can do so by simply inserting appropriate language into the original or amended...