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Alternative Market Briefing

Other Voices: Why the JOBS Act may mean nothing to hedge funds

Friday, June 08, 2012

This article was authored by Phil Niles, Director of Product Development at Butterfield Fulcrum, a global independent fund administration company.

Much has been made in recent weeks about the passage and adoption of the JOBS Act, which at its core has been crafted to assist small businesses in raising capital and help stimulate job growth and the economy. More specifically, there are changes to alternative investment managers and their funds, notably surrounding the ability of hedge funds to now market themselves to accredited investors. For decades, marketing was not permitted for hedge funds, so the JOBS Act marks a substantial change with respect to what hedge funds can and cannot do with respect to external communications.

There have been more articles written on this topic than one could ever hope to read and for good reason: the concept of hedge fund advertising is an entirely new idea and could potentially create an entirely new industry. Given the trillions of dollars in alternative investments around the globe, the sheer scale is mindboggling and many are seeing enormous potential.

The reality, however, could be quite less than anticipated.

It would not be surprising if the industry sees little to no change in the general solicitation of hedge funds and other alternative investments. Though this runs somewhat contrary to current opinion, there are a number of reasons why hedge fund marketing may not......................

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