I myself was surprised reading that. For hedge fund you have to first start a hedge fund and sell only its performance...what did for your good neighbour 5 years in a row has no value when it comes to SEC's complaince. Now raising money to trade for friends is another thing, but then there are limits to how much you can raise.
http://www.greencompany.com/HedgeFunds/HedgeFundIncubatorFunds.shtml
I am pasting the paragraph from this page below:
Why the two-step process, with the incubator and full hedge fund later on?
Itâs the âhorse before the cartâ (or âchicken before the eggâ) problem that we address. Consider that most managers need a stellar performance (or track) record to attract outside investor capital. Why not generate that performance record first before completing all the legal paperwork (offering documents and more), since the paperwork is the most expensive part of the startup legal process.
The problem is that you canât generate a prior performance record to show investors without actually setting up your hedge fund and trading your own money in that fund. This is why we created the two-step process. First, form your hedge fund and trade it for success. Second, prepare the paperwork to give investors, showing that good track record.
But why canât you simply show a track record on your personal trading accounts and skip the first part too (forming the hedge fund minus the documents)?
The reason is itâs against the law to show prior performance other than a hedge funds actual prior performance, with one technical exception in the law (explained below and which is not appropriate in our law firm's view).
Many traders ask if they can show prospective investors prior (unaudited) performance records while they worked at a mutual fund, hedge fund, or on a personal trading account. The answer is no, the SEC, CFTC and state law and regulations expressly prohibit use of unaudited prior performance.
http://www.greencompany.com/HedgeFunds/HedgeFundIncubatorFunds.shtml
I am pasting the paragraph from this page below:
Why the two-step process, with the incubator and full hedge fund later on?
Itâs the âhorse before the cartâ (or âchicken before the eggâ) problem that we address. Consider that most managers need a stellar performance (or track) record to attract outside investor capital. Why not generate that performance record first before completing all the legal paperwork (offering documents and more), since the paperwork is the most expensive part of the startup legal process.
The problem is that you canât generate a prior performance record to show investors without actually setting up your hedge fund and trading your own money in that fund. This is why we created the two-step process. First, form your hedge fund and trade it for success. Second, prepare the paperwork to give investors, showing that good track record.
But why canât you simply show a track record on your personal trading accounts and skip the first part too (forming the hedge fund minus the documents)?
The reason is itâs against the law to show prior performance other than a hedge funds actual prior performance, with one technical exception in the law (explained below and which is not appropriate in our law firm's view).
Many traders ask if they can show prospective investors prior (unaudited) performance records while they worked at a mutual fund, hedge fund, or on a personal trading account. The answer is no, the SEC, CFTC and state law and regulations expressly prohibit use of unaudited prior performance.