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My experiences as a Hedge Fund Startup
- Thread starter HFStartup
- Start date
I still have no idea what you're trying to say.Quote from EMRGLOBAL:
I said capital raising rules as in Solicitation there Champ. I did not make my self clear. Yes, Hedge Fund have to target "NET WORTH" rules as defined by REG D. But there is a whole lot more to REG D than just the "ACCREDITED RULE.
It doesn't matter if there is "more" to REG D than the "accredited rule" (sic). If someone is soliciting investment into privately offered securities on a publicly available website, then you do not have any exemption from Reg D's registration requirements. That's all the legal rope anyone needs to hang themselves.
HEY CHAMP READ THIS:
http://www.drinkerbiddle.com/files/...-8d06-087586d22c91/Cash_Solicitation_Rule.pdf
SORRY PAL. I've been in the Money game longer than you. What you post is pure bullshit. I doubt your dealing with anyone that is defined as an accredited investor.
Now you can continue your Fantasy fund here on ET.
http://www.drinkerbiddle.com/files/...-8d06-087586d22c91/Cash_Solicitation_Rule.pdf
SORRY PAL. I've been in the Money game longer than you. What you post is pure bullshit. I doubt your dealing with anyone that is defined as an accredited investor.
Now you can continue your Fantasy fund here on ET.
Heech, you are absolutely correct.Quote from heech:
It doesn't matter if there is "more" to REG D than the "accredited rule" (sic). If someone is soliciting investment into privately offered securities on a publicly available website, then you do not have any exemption from Reg D's registration requirements. That's all the legal rope anyone needs to hang themselves.
Don't waste your time trying to explain this to failed daytrader Dave. Just put him on ignore with the rest of the psychotics.
Look, I don't want to get into this with you. It's not a good investment of my time.
Anyone who's interested in the facts and with even average English comprehension skills can read the link you provided above, and draw their own conclusions..
"SEC Confirms Cash Solicitation Rule Not Applicable to Hedge Fund"
Yes, that does use the words "solicitation", "not applicable", and "hedge fund". But no, "cash solicitation rule" has nothing to do with Reg D safe harbor, and public solicitation.
Anyone who's interested in the facts and with even average English comprehension skills can read the link you provided above, and draw their own conclusions..
"SEC Confirms Cash Solicitation Rule Not Applicable to Hedge Fund"
Yes, that does use the words "solicitation", "not applicable", and "hedge fund". But no, "cash solicitation rule" has nothing to do with Reg D safe harbor, and public solicitation.
http://www.drinkerbiddle.com/files/...tation_Rule.pdf
Once again, read this.
Unless another rule came out against such.
Once again, read this.
Unless another rule came out against such.
, that does use the words "solicitation", "not applicable", and "hedge fund". But no, "cash solicitation rule" has nothing to do with Reg D safe harbor.
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Correct......Solicitation was the issue, on ET.
Rule 502 of Regulation D contains detailed guidelines as to the type and intensity of financial and non-financial information to be supplied to the non-accredited investors. While the intensity of the information required to be delivered to non-accredited investors varies by the size of the offering, the general disclosure requirements follow the guidelines for small public offerings on SEC Form SB-1 or SEC Form SB-2. In any event, an issuer would be wise to follow the outlines provided in these forms as they are comprehensive checklists of information relating to all material aspects of a business, including its financial position. The document that normally is used in connection with disclosures is known as either an offering memorandum or a private placement memorandum. Companies desiring to issue securities should have a formal business plan prepared as a starting point for complying with any required disclosures. Appropriate risk factors will be developed and added to a business plan, and together the materials form the basis for compliance with any applicable Regulation D disclosure requirements.
--------------
Correct......Solicitation was the issue, on ET.
Rule 502 of Regulation D contains detailed guidelines as to the type and intensity of financial and non-financial information to be supplied to the non-accredited investors. While the intensity of the information required to be delivered to non-accredited investors varies by the size of the offering, the general disclosure requirements follow the guidelines for small public offerings on SEC Form SB-1 or SEC Form SB-2. In any event, an issuer would be wise to follow the outlines provided in these forms as they are comprehensive checklists of information relating to all material aspects of a business, including its financial position. The document that normally is used in connection with disclosures is known as either an offering memorandum or a private placement memorandum. Companies desiring to issue securities should have a formal business plan prepared as a starting point for complying with any required disclosures. Appropriate risk factors will be developed and added to a business plan, and together the materials form the basis for compliance with any applicable Regulation D disclosure requirements.
So, the bottom line, is you can stand in a parking Lot as A hedge Fund wana be and solicit ........there are no rules as to the 'AREA' you solicit or how you place adds, send emails etc.
Yes, you have to hand out a "Prospectus" to an accredited person(s).
however HEDGE FUND REGULATION is very lax'd and all off the REG D RULES DO NOT APPLY BECAUSE THE SEC DOES NOT GOVERN HEDGE FUNDS NOR DOES FINRA IN ANY RESEMBLANCE OF ANY OTHER SECURTIY.
This may help.
http://www.cato.org/pubs/regulation/regv30n1/v30n1-1.pdf
Yes, you have to hand out a "Prospectus" to an accredited person(s).
however HEDGE FUND REGULATION is very lax'd and all off the REG D RULES DO NOT APPLY BECAUSE THE SEC DOES NOT GOVERN HEDGE FUNDS NOR DOES FINRA IN ANY RESEMBLANCE OF ANY OTHER SECURTIY.
This may help.
http://www.cato.org/pubs/regulation/regv30n1/v30n1-1.pdf
And yes Kevin, I did not make millions as a trader....I doubt you do as well. Failed, I guess you can call that as the goal was to make millions and i did not.
Both of you sound like sap lawyers sitting in your office or Law Students in Academics.
You don't have to take me seriously as you ass clowns are on ET soliciting investors and posting your fucking returns as if ANY HEDGE FUND would post about their strategies, let alone any other info.
The real players tend to fly blow the radar their champs.
So, forgive me and allow me to let you get back to your Form here on ET where you can be stars.
Both of you sound like sap lawyers sitting in your office or Law Students in Academics.
You don't have to take me seriously as you ass clowns are on ET soliciting investors and posting your fucking returns as if ANY HEDGE FUND would post about their strategies, let alone any other info.
The real players tend to fly blow the radar their champs.
So, forgive me and allow me to let you get back to your Form here on ET where you can be stars.
No matter what I say/do, you're just going to keep repeating your incorrect statements. Not that I really give a shit about your correctness, but I hate the fact you're literally going to mislead people. This is really my final post on this very serious issue.
People who are seriously considering this route: go talk to a securities lawyer. Please. They will explain to you (with greater patience than I have today) that finding investors for your hedge fund is equivalent to selling securities: you are selling a share of your limited partnership or limited liability company. This wouldn't apply if you're running managed accounts, for example, because you aren't selling securities in that context.
And the practice of selling securities in the United States is absolutely tightly regulated by the SEC, and you will want to tread very carefully.
People who are seriously considering this route: go talk to a securities lawyer. Please. They will explain to you (with greater patience than I have today) that finding investors for your hedge fund is equivalent to selling securities: you are selling a share of your limited partnership or limited liability company. This wouldn't apply if you're running managed accounts, for example, because you aren't selling securities in that context.
And the practice of selling securities in the United States is absolutely tightly regulated by the SEC, and you will want to tread very carefully.