This Handbook provides an overview of federal laws affecting the elderly and retirement issues. Information discussed includes age discrimination in employment, elder abuse & exploitation, power of attorney & guardianship, Social Security and other retirement and pension plans, Medicare, and much more in 22 pages of materials.
Erisa Rules For Hedge Funds In Mecklenburg
Category:
State:
Multi-State
County:
Mecklenburg
Control #:
US-001HB
Format:
Word;
PDF;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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.
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.
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.
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.
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.
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).
ERISA and the “plan assets” regulation issued thereunder generally treat the assets of a hedge fund as “plan assets” subject to the fiduciary responsibility and prohibited transaction provisions of ERISA and Section 4975 of the Code if, immediately after the most recent acquisition, disposition, transfer or redemption ...
The rule is triggered if you raise enough dollars through retirement accounts. Generally speaking, it is wise to stay below 25% of retirement plan assets unless you qualify for an exception. For "fund of funds", the fund acts as an ERISA investor.