Quote from Epic:
Both. With both the NFA and the SEC it is not required to disclose proprietary trading results. That is the entire point of the incubator fund. It supposedly allows you to classify a prop account as a discretionary account, which would then allow you to use it for performance history without having to abide by the 5 year prop disclosure rule.
Both of them have a rule stating that performance disclosure for prop accounts is not required, BUT if the manager elects to disclose ANY prop history, he must disclose ALL of it for the past 5 years. This is to prevent cherry picking of only the accounts with good performance.
What I'm suggesting is that the incubator can be a bad thing too. If you have a couple years of bad performance, you cannot simply start another one and act like the first one didn't exist. You also cannot start 5 of them and then run with the one that had good performance. This is because they are all considered discretionary accounts now, and by rule, you are required to disclose the performance of ALL discretionary accounts during the last 5 years that were managed by any of the fund's principals. Disclosure for these accounts is no longer optional.
The only way to get around this is if the offered fund itself has at least a 3 year history and at least 75% of the capital in the fund was people not affiliated with fund's principals. But if that is the case, then it is disqualified from being an incubator anyway.
I was also suggesting before that I think the whole "incubator" loophole is not gonna last very long. Examine the definition of proprietary results.
Any pool or account in which 50% or more of the beneficial interest is OWNED OR CONTROLLED BY;
1) the Advisor or any principal
2) an affiliate or family member of the Advisor.
3) any person providing services to the account.
It's just my opinion, but I think that those definitions clearly place the incubator account well within the realms of prop trading. The regulating bodies have been cracking down on fraudulent solicitation lately. They are being pressured to revise their regs to comply with the JOBS ACT, but the argument is that if they are going to allow everyone to advertise publicly, they must be more strict on adherence to the rules.