doublet said:I would never promise or hint to potential clients that they should expect anywhere near these level of returns. Certainly I do not plan my life around being able to return 100% a year.
Neither the SEC nor state regulators will allow you (or any advisor using you as a sub) to promise or hint that investors should expect anything other than possible loss of principal. Nevertheless, investors have very few tools to assess the abilities of discretionary (non-mechanical) traders. They will run an ordinary-least-squares regression of your returns over market returns. If you trade a narrow basket of specific securities, they will regress your returns over the returns of those exchange-traded products. A longer track-record will better reveal the actual contribution of your market-insight to your returns, and reduce the possibility that your excess returns are a result of good fortune.
But, there is a market for start-up managers. You have a competitive advantage when you enter the marketplace over established managers - your flexibility with fees. And investors willing to allocate a small fraction of their risk assets to start-up managers will potentially benefit from superior fee-adjusted returns. An advisor able to allocate a portion of their clients assets to a diverse stable of start-up managers will benefit, on an expected value basis, from greater performance-fee income. It isn't as if there are that many good money managers out there to choose from, who haven't yet begin to demand exorbitant fixed-fees.
It is totally ridiculous to say that a 2yr record will yield you bupkiss.
doublet said:Given IB seems to cap you at 5 accounts for non-RIA's that charge fees, it seems that the only viable way to raise serious money using managed accounts is to become an RIA.
How many client relationships can you handle? If you could raise $1M each from 100 people, do you have the cardiovascular health to handle servicing 100 clients? Consider the possibility that you can start with 5 $1M, and go supernova on them such that you drop your smallest client when a bigger client comes along.
doublet said: Therefore, how easy is this process of getting registered from a registration process, and on an ongoing basis?
Fill out a form. Take a test. Write a disclosure document. Keep books and records. Buy a Policies & Procedures manual designed for a one-man-shop. I'm in compliance, and my brain is wired for this; I think this is all really easy.
Look at the form
http://www.sec.gov/about/forms/formadv-part1a.pdf and instructions
http://www.sec.gov/about/forms/formadv-instructions.pdf then practice filling it out. Specifically, take a look at the civil/criminal/disciplinary disclosures to see if you will have to disclose something embarrassing. (eg getting busted with a blunt back in college, and now you're a very different 29yr old)
Take a look at the Series 65 syllabus
http://www.nasaa.org/wp-content/uploads/2011/08/Series-65-Exam-Specification.pdf and see if the topic you are unfamiliar with would be overwhelming to learn. There are some things they need you to know so you can perform financial planning, even though you only want to perform investment management work.
I can't imagine why you wouldn't want to keep the books and records of the advisory business, as you will need them to be complete and organized for a variety of personal and business reasons. See the Rule 204-2 section of
http://www.sec.gov/divisions/investment/advoverview.htm
From what I have read here you are exploring trading OPM in order to make money (for yourself) off the money you make for your clients. You don't have any intention to make money off your clients, i.e. at their expense. You will have no problems disclosing your conflicts of interests (or lack thereof) or adhering to a code of ethics.
doublet said:One big question I have in my mind..is what are the advantages of a hedge fund versus a managed account structure (busta..I sent you a message). If I manage a hedge fund structure, I suppose do I no longer need to be registered, with the trade-off being that I can only market to accredited investors?
If you only manage private funds, you will not need to register. However, you may someday manage in excess of $150M, in which case you will sign up as an Exempt Reporting Advisor. An ERA is not a registrant, and is not subject to some of the rules governing RIA's. Nevertheless an ERA needs have books and records subject to inspection. In effect, an ERA will need to structure their business substantially along the same lines as an RIA will. If you begin an advisory business without implementing the policies and procedures applicable to RIAs, it is much harder to remedy your ways in the future. You will want to consider dressing up like an RIA even if you don't need and want to register.
As the manager of a private fund, you may have 35 non-accredited investors if you keep your investor limit to 100. Alternatively, you can have a fund with up to 499 investors if they are all qualified purchasers. For the purposes of this exemption, they will aggregate funds with similar strategies; since you run one strategy these will be your aggregate limits. If you elect not to register as an investment advisor, you will not be subject to the rule limiting performance-fees to qualified clients.
(JOBS act lifts the 3c7 limit to 999 but I don't think regulations have been promulgated to implement the new law)
Before you disavow investment advisor registration, I urge you to consider whether - in practice - the additional flexibility that comes with not-being-registered has meaningful benefits to you. If you don't follow the custody rule as required of RIA's, premiums for your e&o/d&o insurance + fidelity/crime bond will skyrocket. If you take performance fees from unsophisticated low net worth investors, fewer carriers will underwrite your risk. And if you live in a place like California, state law will bar you from taking performance fees from non-qualified-clients anyway. If you don't have conflicts of interests, criminal/civil/disciplinary/ history to disclose, then you don't have any practical benefit from not having to disclose them. Finally, by not being registered, some institutional investors will shun you, and all private-wealth advisors will shun you. If you are not registered you can't advertise, and you're going to be in a rough spot marketing your fund directly to investors. That is a job unto itself and a very tough job indeed (sales).
This is an oldie but goodie
http://www.akingump.com/files/Publi.../caf459bc-edc5-45c3-9e82-ae35634ba36c/912.pdf keep in mind that the $ limits have been raised since Dodd-Frank