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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.

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ERISA restricts certain actions related to how benefit plans are designed and administered. For example, it limits the types of investments that retirement plans can make, imposes fiduciary duties on plan administrators, and mandates specific reporting and disclosure requirements.
In general, ERISA does not cover plans established or maintained by governmental entities, churches for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment or disability laws.
Under Section 3(42) of ERISA, the determination of whether an entity is a plan asset vehicle is made immediately after the most recent acquisition of any equity interest in the entity.
As a result, most hedge fund managers seek to keep the level of investments by Benefit Plan Investors in their funds below the ERISA 25% threshold at all times so as to avoid such obligations.
The Investment Advisers Act requires hedge fund managers with over $100 million in assets under management to register with the SEC as investment advisers. Registered advisers are subject to periodic examinations and must maintain detailed records of their activities.
ERISA prohibits cross trades, the exchange of assets between two accounts without going through a public market. There have been numerous exemption requests motivated by a desire to reduce transaction costs. Mutual funds are permitted to cross trade under Rule 17a-7.
AIFMs are not investment firms and therefore are not subject to the Mifid II inducement rules (except in relation to the Article 6(4) Mifid-like activities that hedge fund managers may be carrying on in respect of managed accounts and/or funds that they manage under delegation).
Hedge funds are a type of alternative investment fund (AIF) that invest in a variety of assets with a large degree of flexibility. While hedge funds themselves are not directly supervised in the UK, hedge fund managers are authorised and regulated by the FCA.
The Investment Advisers Act requires hedge fund managers with over $100 million in assets under management to register with the SEC as investment advisers. Registered advisers are subject to periodic examinations and must maintain detailed records of their activities.
In addition to potential SEC oversight, many hedge funds operating in the U.S. are regulated by the Commodity Futures Trading Commission (CFTC), including advisers registered as Commodity Pool Operators (CPO) and Commodity Trading Advisors (CTA). Funds may also be subject to state-level regulations.