What is the legal framework for setting up a hedge fund?
In California, the legal framework for setting up a hedge fund is established by Alternative Investment Law. Hedge funds are private investment partnerships that require a large amount of capital to get started. To set up a hedge fund in California, entrepreneurs must register the fund with the Securities and Exchange Commission (SEC). After registration, the fund must be structured and managed in accordance with the Investment Company Act of 1940. This act sets out regulations such as investor suitability, regulatory authority, and fund regulations. In addition to the regulations issued by the SEC, the fund must also be established with a legal agreement. This agreement will dictate how the fund is managed, how investors are treated, and how profits and losses are shared. The agreement must also stipulate who will be responsible for making investing decisions and what the investment strategy will be. Lastly, California requires hedge funds to be set up as limited liability companies. This means that the hedge fund’s owners and shareholders are not responsible for any of the fund’s debts or other liabilities. To take advantage of this protection, the fund must register with the California Secretary of State and follow the state regulations governing limited liability businesses. By adhering to the regulations and filings set by the SEC and California, entrepreneurs can ensure that their hedge fund will be legally compliant and secure. With these regulations in place, hedge funds are a viable investment opportunity in California.
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