Win 100 iconic DVDs
ONE of London’s biggest hedge fund managers is threatening to dump its American customers rather than submit to being regulated by the US authorities, The Times has learnt.
Charlie Porter, founder and president of Thames River Capital, lambasted the new rules, which from February 1 require any hedge fund manager anywhere in the world with more than 14 US clients to register with the US Securities and Exchange Commission.
“It’s an outrage that the SEC can dictate to the rest of the world,” Mr Porter said.
“We are considering asking our US investors to leave rather than register with the SEC.”
Thames River, which manages $7.25 billion (£4.17 billion) of assets, including several highly successful hedge funds, is already regulated by the UK’s Financial Services Authority.
“The FSA is a very strong power,” Mr Porter said. “Why should we kowtow to a foreign power? There’s no need.”
Many other London-based hedge fund are also incensed. Christopher Fawcett, a director of the hedge fund managers Fauchier Partners and chairman of the Alternative Investment Management Association, said there was strong opposition from several hedge fund managers in London.
“It will mean extra hassle and extra paperwork,” he said and also the potential for conflict: “Whose guidelines do you follow, the FSA’s or the SEC’s? “There’s also a principal of extra-territoriality here.”
Thames River’s clients are mostly European, Asian and African, but it does have a few clients in America.
While hedge fund clients tend to be “locked in” for periods of months or years, most fund managers can compulsorily redeem clients if they do not want them.
The crackdown is also infuriating US-based hedge funds, many of whom are exploiting a loophole to avoid registering.
Those managing less than $25 million are already exempt, but the SEC also exempts those hedge funds that prevent customers from redeeming their capital for two years or more.
Some managers are considering extending their so-called “lock-up” periods to avoid submitting to SEC scrutiny.
Kingdon Capital Management, a New York manager with assets of $4.6 billion, says the new regime will mean “a time consuming SEC audit process and an onerous e-mail retention requirement.”
Atticus Capital says that it has stopped accepting new money as a way of avoiding having to register.
The SEC, which is chaired by Christopher Cox, is under pressure to tighten its supervision of hedge fund managers after a number of alleged frauds.
Companies must apply by December 15 if they want to be registered by February 1.
TRIMMING THE HEDGE FUNDS
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
36-month car lease
on contract hire for
£359.99 plus VAT pm
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
Check your free Experian credit report before applying
Car Insurance
c£100,000 + car, bonus & bens
Lord Search & Selection
Midlands
Competitive salary + NHS pens
The Council for Healthcare Regulatory Excellence (CHRE)
London
Not Specified
The Sheppard Trust
London
£31,842 – £38,378pa
Charity Commision
London, Liverpool or Taunton
Moments from Battersea Park.
For sale with Winkworth
Find out about shared ownership.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.