Each business day HedgeCo.Net keeps you informed with the top hedge fund industry news, opinion and insight from around the globe. From the latest hedge fund launches, to the impact of regulation, competition, and investor activism - we track the topics and people that make a difference to you.
EurActiv.com – European Commission proposals to regulate alternative investment funds discriminate against private equity and favour direct competitors like sovereign wealth funds or maverick businessmen, Javier Echarri, secretary-general of the European Private Equity and Venture Capital Association (EVCA), told EurActiv in an interview.
"We are not against regulation, but it has to be fair," Echarri said, complaining that an EU draft directive on alternative investment funds will hit private equity firms in a disproportionate manner in comparison with other financial actors, further damaging the credit market "when most European companies are in desperate need for capital".
Times Online – Alistair Darling has warned that he will impose tougher regulation to avoid a repeat of the banking crisis amid fears of a return of the bonus-driven, risk-taking culture in the City.
The Chancellor told The Independent newspaper that bankers who are too complacent will be “brought back to earth” by new legislation.
An important White Paper on the banking sector, due next week, will grant new powers to the Bank of England and the Financial Services Authority (FSA), Mr Darling said.
He promised “new tools” for the regulatory bodies to strengthen their powers, which could mean that the FSA will be able to extend its reach to hedge funds, some of the riskiest investment funds.
West Palm Beach (HedgeCo.net) – Real estate services company, CB Richard Ellis Group, Inc. has reached an agreement to sell in a direct placement 13,440,860 shares of its Class A common stock for gross proceeds of approximately $100.0 million, to hedge fund manager Paulson & Co. Inc. on behalf of several of its investment funds and accounts it manages.
In addition, Ellis plans to sell Class A common stock, having an aggregate offering price of up to $50.0 million through J.P. Morgan.
HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership on www.hedgeco.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds!
Law.com – Federal prosecutors Thursday unsealed an indictment charging the chief executive of what used to be one of the world’s largest investment funds with constructing elaborate tax shelters for some of his wealthiest clients. The executive, Jeffrey Greenstein, the former head of the Seattle-based fund Quellos Group, and two lawyers face 18 counts related to tax evasion and fraud for a scheme that netted them $86 million in fees and allowed six clients to avoid paying about $400 million in federal taxes, according to the indictment.
What’s interesting for our purposes is that the indictment details how lawyers from Cravath, Swaine & Moore and Bryan Cave blessed the shelters with letters indicating to the taxpayers that they were legal and would withstand scrutiny from the Internal Revenue Service. (The firms are identified as "C.S.M." and "B.C." in the indictment, but two sources familiar with the matter confirm they are Cravath and Bryan Cave. In addition, a 2006 congressional investigation mentioned the role the two firms played in the Quellos tax shelters, and at least one lawyer, Lewis Steinberg, then of Cravath and currently at Linklaters, testified before a congressional subcommittee.)
West Palm Beach (HedgeCo.net) – Ali Mudeen has joined hedge fund provider ATC Group as managing director of its Cayman Islands operations.
Mudeen will oversee and build the firm’s Private Clients and Corporate Services practices in the region, as well as work closely at a group level with ATC’s hegde fund administration practice.
Mudeen brings over 20 years of international experience to ATC, having worked in the US, South America and the Caribbean in banking, legal and trust services. He joins ATC from Caledonian Global, where he was a director and shareholder and had overall responsibility for marketing and business and strategic development.
“Ali’s industry expertise and leadership make him an invaluable addition to the ATC executive team." Robert Govaerts, ATC’s chairman, said, "His broad knowledge base and commitment to client service will significantly enhance ATC’s leadership position in the industry.”
“ATC is an impressive financial services company with a clear vision for the future, having enjoyed strong growth even in these unprecedented economic conditions,” Mudeen said. “I am delighted to join a company which has such a strong focus on client services and on its people.”
Serving international business, private clients, capital markets and alternative investment funds, ATC was established in 1893. ATC employs over 350 professionals in 17 offices across Europe, the Caribbean and the Asia Pacific region.
HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership on www.hedgeco.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds!
West Palm Beach (HedgeCo.Net) – Hedge fund GLG Partners has completed its private offering of $214 million aggregate of dollar-denominated convertible subordinated notes due 2014.
The notes bear interest at a rate of 5.00% per year and rank junior in right of payment to all of GLG’s existing and future senior indebtedness.
Noam Gottesman, chairman and co-CEO of GLG, Emmanuel Roman, co-CEO, and Pierre Lagrange, senior managing director of GLG Partners L.P. — each a director of GLG — purchased collectively $30 million of the notes from the initial purchasers as part of this offering, through certain of their affiliates.
The notes are convertible, at the option of the holder, into shares of GLG’s common stock at an initial conversion rate of 268.8172 shares per $1,000 principal amount of notes, subject to certain adjustments. The initial conversion rate is equivalent to a conversion price of around $3.72 per share.
GLG used a portion of the net proceeds from the offering of the notes to acquire a portion of the indebtedness outstanding under its credit agreement in a transaction that closed concurrently with the closing of the note offering. Around $285 million of $570 million principal amount of loans outstanding under the credit facility were acquired at 60% of par value.
The company said that any proceeds not used to acquire its outstanding indebtedness will be used by GLG for general corporate purposes to the extent permitted under the credit agreement.
New York-based GLG Partners is a hedge fund manager that manages equity and fixed income portfolios and investment funds. The firm also invests in public equity fixed income, and in alternative markets through options, futures and convertibles.
West Palm Beach (HedgeCo.net) – Two new legislations were introduced in Bermuda January 1, requiring regulated financial institutions to comply with various obligations under the recently updated legislative framework, according to Cayman Islands law firm Conyers Dill & Pearman.
The firm said that the updated legislation defines ‘Financial Institutions’ as persons who, among other things, carry on the business of a ‘fund administrator’, or are ‘operators’ of investment funds.
The BMA expects Financial Institutions, under its supervision, to address their management of the relevant risks in a thoughtful and considered way, and to establish and maintain systems and procedures which are appropriate and proportionate to the risks identified.
Investment fund operators and fund administrators are required to appoint a Money Laundering Reporting Officer (“Reporting Officer”) to whom reports should be made and who shall have responsibility to make reports when suspicious circumstances require.
It is a requirement for “non-licensed persons” to register with the BMA by 30 June 2009 using the BMA’s prescribed form and paying the relevant fee. Failure to comply will result in their inability to carry on business activities, the firm said.
HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership on www.hedgeco.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds!
West Palm Beach (HedgeCo.net) – Cayman Island law firm Solomon Harris is today hosting its inaugural Webinar on the highly topical subject of ‘Managing Distressed Cayman Funds and lessons learned for new funds’.
"This fits in perfectly with our firm’s progressive approach to business and our focus on keeping our clients up-to-date and informed. This is particularly so as our firm tends to work directly with investment managers and the more informed our clients are, the better for us as their legal advisers," says Sophia Harris, the firm’s Managing Partner.
"The recent significant stresses placed upon hedge funds, particularly in Q4 of 2008, have given our investment funds group invaluable insight into the issues facing managers with liquidity problems and the legal and practical tools available to them." Paul Scrivener, partner and head of the investment funds group, said, "We were keen to share our experiences in a practical way with those involved in the industry and we felt the medium of the webinar was the ideal way to reach the widest possible audience."
Also helping with with the presentation is KPMG, locally known for the provision of US tax services to Cayman funds. Paul Hotchkiss of KPMG will be covering recent tax changes in the UK and the possible impact on Cayman Islands investment funds.
"I visited Cayman recently to undertake a series of seminars on these and similar topics and I am delighted to be asked by Solomon Harris to participate in their inaugural Webinar." Hotchkiss said, "UK taxation of offshore funds is undergoing significant change and also there has been an increased interest from HM Revenue and Customs in the structuring of such funds. As Cayman has been historically, and is still, widely used as jurisdiction of choice to establish funds with a UK focus, I hope my comments will be relevant to the participants who are involved with funds with a UK focus."
As investment funds are such a major part of the firm’s practice, the firm also launched its fund-specific website, ‘CaymanHedgeFundWorld.com’ late last year also with a view to keeping the firm’s clients better informed.
HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership on www.hedgeco.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds!
West Palm Beach (HedgeCo.net) – Investment management company Legg Mason Inc. has launched a global multi-asset tactical allocation mutual fund named Legg Mason Permal Tactical Allocation Fund. The fund, which targets institutional and retail taxable and tax-exempt investors, will be managed by Legg Mason’s fund-of-hedge-funds affiliate, Permal Asset Management.
Legg Mason said that the fund is an opportunistic and diversified product, which seeks to benefit from any market condition and to outperform a traditional 60/30/10 (equity/fixed income/cash) portfolio over a medium-term time frame.
"Permal has an expertise in asset allocation and a deep global perspective and we believe they can find opportunities in these markets to deliver value to our clients." Matt Schiffman, Head of Americas Retail at Legg Mason said, "This is an innovative way to bring their fund of hedge fund expertise to traditional asset classes in a mutual fund offering."
The asset allocation strategy is designed to exploit perceived inefficiencies or imbalances in equity, fixed-income or other asset classes in any region or country, said the Baltimore, Maryland-based mutual fund group.
The fund will invest primarily in both passive and actively managed investment funds, to include specifically, affiliated and unaffiliated open-end mutual funds, unaffiliated closed-end mutual funds and exchange traded funds and notes, as well as cash equivalents and alternative investments.
HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership on www.hedgeco.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds!
West Palm Beach (HedgeCo.net) – Cayman Islands law firm Conyers Dill & Pearman now has the official approval and licensing permission for a São Paulo partnership by the the Brazilian Bar Association.
As the only offshore firm to have an office in Brazil, the São Paulo practice will initially focus on investment funds, public company listings and holding company incorporations, providing clients with direct access to the key jurisdictions of the Cayman Islands, British Virgin Islands, Bermuda and Mauritius.
The São Paulo launch solidifies Conyers’ presence in the fast-growing BRIC markets. In March 2008, the firm became the first and only offshore firm to have an office in Russia with the launch of its Moscow office. In October 2008, Conyers established a presence in Mauritius, a preferred jurisdiction for structuring investments in India, and added the provision of Mauritius legal advice to its roster of jurisdictions to service the Indian, Middle Eastern and African markets.
"Even in this challenging economic climate, the prospects for leading Brazilian businesses in global commerce are immense." Conyers Chairman John Collis commented, "The firm’s entry into Brazil and the other major BRIC (Brazil, Russia, India, and China) markets is part of our strategy to provide responsive advice to our clients in the world’s key financial centres and reinforces our strength as a leader in the market for offshore legal services."
Established in 1928, Conyers has over 550 staff and 150 lawyers specialising in the financial laws of Anguilla, Bermuda, British Virgin Islands, Cayman and Mauritius Islands, Dubai, Hong Kong, London, Moscow, Singapore and now São Paulo.
HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership on www.hedgeco.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds!
West Palm Beach (HedgeCo.net) – Carried interest legislation is being considered at the federal, state and local level, raising significant local and international tax issues.
Carried interests, which form an essential element of business in almost every section of the U.S. economy (real estate, private equity, hedge funds and health care), have been subject to significant legislative proposals over the last two years.
Most investment funds (hedge and equity) have a general partner (LLC or LP) which receives a management fee (2%) and a carried interest equal to a percentage (e.g., 20%) of economic income including realized capital gains.
Proposals to reform the taxation of carried interest started in January of 2007 with legislation introduced by Senator Levin (D-MI) that would recharacterize "carried interest" income as ordinary income.
During 2008 New York State proposed and New York City introduced legislation that would change the way carried interest is taxed.
President Obama’s Budget Blueprint released on February 26, 2009 includes a line item related to taxing carried interest as ordinary income.
HedgeCo.Net is a premier hedge fund database and community for qualified and accredited investors only. Membership on www.hedgeco.net is FREE and EASY. We also offer FREE LISTINGS for Hedge Funds!
Bloomberg – The Obama administration will announce details of a plan today to expand the $700 billion rescue of the financial system that will rely on enticing private investors to buy the troubled assets clogging banks’ balance sheets.
Treasury Secretary Timothy Geithner, who will unveil the Public Private Investment Program today, has crafted an approach using up to $100 billion of bailout money to spur investment funds to purchase — and banks to unload — the illiquid securities and loans that have caused credit to dry up. The Treasury, Federal Reserve and the Federal Deposit Insurance Corp. will all play a role alongside private investors in aiming to buy between $500 billion and $1 trillion of troubled assets.
“By providing a market for these assets that does not now exist, this program will help improve asset values, increase lending capacity by banks, and reduce uncertainty about the scale of losses on bank balance sheets,” Geithner said in an op-ed piece published in today’s Wall Street Journal. “The ability to sell assets to this fund will make it easier for banks to raise private capital.”
