Fri, Nov 14, 2025
A A A
Welcome Guest
Free Trial RSS pod
Get FREE trial access to our award winning publications
Industry Updates

Seward & Kissel releases eighth annual Hedge Fund Side Letter Study

Thursday, October 19, 2023
Opalesque Industry Update - In a turbulent historic moment marked by geopolitical strife and inflationary pressures, a new study of the hedge fund industry by Seward & Kissel LLP, a financial services law firm, reveals that the percentage of side letters executed with mature hedge fund managers has risen to its highest level in eight years. The authors of Seward & Kissel's eighth annual Hedge Fund Side Letter Study attribute the large and growing disparity between the share of side letters issued by mature and new managers in part to the challenging fundraising environment facing newer funds.

The Seward & Kissel 2022/23 Hedge Fund Side Letter Study shows that 84% of side letters-special agreements between hedge funds and their investors-were signed with mature managers, defined in the study as those in business for two or more years. That figure, up from 78% last year, represented the highest level since 2015-16, when mature managers accounted for 87% of side letters.

Other findings in the study align with the conclusion that difficult fundraising conditions disproportionately affected newer managers and smaller funds. Most markedly, the size of funds executing side letters increased dramatically, suggesting an investor appetite for larger and more established managers. The average regulatory assets under management of funds signing side letters jumped from $4 billion last year to approximately $7 billion this year. The average RAUM for newer managers in the study, meanwhile, fell from $210 million to $170 million.

With the increased representation of mature managers, who are often less willing to negotiate business terms, the five principal business terms tracked by Seward & Kissel-including most-favoured-nation clauses, fee discounts, and capacity rights-all appeared in a smaller share of side letters this year as compared to last year.

Additional specific findings include:

• The most popular business term in side letters for the last two years, most-favoured-nation clauses, appeared in 33% of side letters, down from 46% last year.
• Funds-of-funds accounted for 54% of all side letter investors, continuing a long upward trend since 2015-16, when they accounted for 30%.
• Corporate and public pensions executed side letters exclusively with mature managers.

"Our eighth Side Letter Study has again unearthed valuable insights into the continued evolution of hedge funds and their investors," said Kevin Neubauer, partner at Seward & Kissel and lead author of the study. "The Seward & Kissel 2022/23 Hedge Fund Side Letter Study demonstrates strategic choices being made by hedge fund managers and their investor base alike."

About Seward & Kissel LLP
Seward & Kissel LLP, founded in 1890, is a leading U.S. law firm with an international reputation for excellence. The firm is particularly well known for its private fund and investment management work, having established the first private fund firm, A.W. Jones, in 1949, and having earned numerous best in class awards over the years. In addition, Preqin recently identified Seward & Kissel as the top U.S. law firm based on number of hedge funds serviced.

(press release)

The full study can be accessed here:

Article source - Opalesque is not responsible for the content of external internet sites

What do you think?

   Use "anonymous" as my name    |   Alert me via email on new comments   |   
Previous Opalesque Exclusives                                  
Previous Other Voices                                               
Access Alternative Market Briefing

 



  • Top Forwarded
  • Top Tracked
  • Top Searched
  1. Global fintech investment slumps to seven-year low of $95.6bn[more]

    Laxman Pai, Opalesque Asia: Global fintech investment plummeted to $95.6 billion across 4,639 deals in 2024, marking its lowest level since 2017, as investors grappled with persistent macroeconomic challenges and geopolitical tensions, revealed a study. According to the Pulse of Fintech H2'

  2. Opalesque Exclusive: Private capital deal value climbed 19% in 2024[more]

    Bailey McCann, Opalesque New York: Private capital deal value climbed 19% in 2024, according to the latest data from the Global Private Capital Association. Growth was driven by big-ticket investments across Southeast Asia, Latin America and Central & Eastern Europe (CEE). Investor confidence

  3. Opalesque Roundup: Citco: 77% of hedge funds achieved positive returns in January 2025: hedge fund news[more]

    In the week ending February 21st, 2025, a report revealed that hedge funds enjoyed one of their best opening months this decade in January, as Equity and Multi-Strategy funds posted strong returns. Funds administered by the Citco group of companies (Citco) delivered a weighted average return of 4%,

  4. Opalesque exclusive: Permuto's new equity unbundling product to change investment model[more]

    Opalesque Geneva for New Managers: Here is a different way of owning stocks coming to you soon: the option of holding just the dividend portion of a stock, independent of its price movements. Or capturing the stock&

  5. Opalesque Exclusive: Hedge funds outperform mutual funds in managing extreme risk contagion - key insights for investors[more]

    Matthias Knab, Opalesque for New Managers: Hedge funds and mutual funds are among the most prominent vehicles for investors seeking growth and diversification. However, a critical question persists: which fund ty