Quote from Cutten:
2) Annual fees with lack of clawbacks. This is one of the worst. You know the scam - use a high win rate strategy (usually short-gamma e.g. put selling, "relative value", convergence trades, stat "arb" etc) that works 4-5 years in a row then blows up. Make 30%, 30%, 30%, 30%, -100%. The hedgie gets 20% of profits and 2% of assets each year for the first 4 years, then leaves investors holding the bag. LTCM and Niederhoffer are great examples. The way to avoid this free trader's option, which promotes scamming and criminal behaviour and costs investors fortunes, is to have a clawback provision - 3 years, for example, with the hedgie only getting 1/3 of his bonus in year 1, 1/3 in year 2, and 1/3 in year 3, and a 3 year clawback on past bonuses if he has future losses. That way there is lower incentive to do yield-hog blowup high-win-rate strategies, since the hedgie has much more to lose - his bonus is deferred, and can be clawed back if he blows up.
3) Abolish the high-water mark. Once a hedgie is down 30% or so, he faces ages before getting incentive payments again since he has to get back to the high-water mark. This encourages gambling and reckless trading - Niederhoffer in 1997 was the perfect example. Heads the hedgie wins and makes a killing; tails the fund blows up. But since it would suffer massively withdrawals and pay no bonuses anyway, that isn't such a big deal. The trader has upside if he is reckless, and little downside if he blows up investors' funds. Replace the high water mark with the clawback provision. That way, each year the manager starts afresh and is incentivised the same. He can then take risks based on the current market climate, NOT based on how he did the year before.
I have thought about (3) above, but the problem is the managers would shut-down and start another fund once they have a losing year, so as not to carry forward any loss. But point (2) seems to fix it in those situations when the manager has good years prior to the loss. Great thoughtful recommendations that should be adopted in a rational world. Unfortunately, we do not live in such a world (as yet), and the operators will always find a cheap way out.