Once you start a hedge fund, you would like to be able to tell the world that you have a fund and that you can start accepting investors. If you do that, you eliminate your exemption from registration under the Investment Advisers act. Hedge funds should be sold to friends, business associates and people that you meet in your everyday activities.
Under the rules, you cannot get up in a group setting and announce to everyone in the group that you have a hedge fund and can accept investments. You cannot place an ad in the phone book talking either about your hedge fund or your investment adviser services. You cannot have business cards that say investment adviser on them. You cannot let it generally be known that you are accepting new investors.
All of these rules make it difficult to find prospective investors. Again, they are intended to. The objective of the regulators is to restrict the investments in hedge funds to those individuals that are knowledgeable and understand the risks.
The only way to market your fund is via word-of-mouth to those individuals who you believe are already qualified to be investors. Understanding these restrictions needs to be an important part of your business plan. You want to make sure you are going to be able to attract enough investors to cover your expenses and earn a reasonable living for your trouble.
As far as advertising, there are more restrictions. You cannot do a one-page summary of your offering documents. You shouldn't give out a chart of your performance results. Your offering documents must stand "on their own" - i.e., no embellishment. No other material can support your securities offering - no slick folder, no charts, no cover letter. Again, this makes the marketing process difficult, but that is part of the barrier to entry. (Plus, we don't want your less-savvy investors to think that the chart represents some rate of return that is guaranteed to be achieved in the future.)
You can create a web site for your hedge fund, but prospective investors should only be allowed to see the front cover page. All other content should be password-protected. You can ask prospective investors to fill out a form and provide you with information that would help you determine whether they are valid prospective investors. If you gain an understanding of their financial situation and then allow them password access to your web site, you are complying with the rules. You can also choose to use the web site to provide your investors with updated information as to the fund performance. But you need to be careful to ensure that you are not using the web site to advertise the existence of the fund.
Part of the value of setting up a hedge fund is that it serves to protect your personal assets. You want to make sure that you follow these marketing and advertising rules to maximize your protection from malicious lawsuits. We see lots of situation where hedge funds are being more aggressive in marketing and advertising than we believe they should. Be very careful in this area.