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Other Voices: JOBS Act: What if a hedge fund manager is initially enamored of the new rules and starts to advertise, but later changes his mind?

Friday, August 09, 2013

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Jay B. Gould
This article was authored by Jay B. Gould, San Francisco-based lawyer at Pillsbury, a global law firm, and posted on Pillsbury’s Investment Fund Law blog.

On September 23, 2013, the JOBS Act rules that roll back the 80 year old ban on the use of general advertising and public solicitation by issuers of unregistered securities will be a reality. At least it will be a reality for fund managers that do not rely on an exemption from the Commodity Futures Trading Commission.

Private funds managers will decide over time whether they would like to avail themselves of the new rules, which will allow them to post performance numbers on their websites, talk openly about their funds on CNBC and Bloomberg, sponsor NASCAR events, and just generally be more open and transparent about their businesses. The responsibilities associated with these new rights are the requirements that the fund manager verify the accredited status of each investor, refrain from committing financial fraud, and file a revised Form D to indicate that the fund is following the new rules. Whether to use these new rules will be a tough call for many fund managers as they consider whether greater transparency provides a benefit for their specific business model. Hedge funds have often avoided ......................

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