HEDGE FUNDS

Like mutual funds, hedge funds pool investors’ money and invest the money in an effort to make a positive return.  Hedge funds typically have more flexible investment strategies than mutual funds.  Many hedge funds seek to profit in all kinds of markets by using leverage (in other words, borrowing to increase investment exposure as well as risk), short-selling and other speculative investment practices that are not often used by mutual funds.

Unlike mutual funds, hedge funds are not subject to some of the regulations that are designed to protect investors.  Depending on the amount of assets in the hedge funds advised by a manager, some hedge fund managers may not be required to register or to file reports with the SEC.  Hedge funds, however, are subject to the same prohibitions against fraud as are other market participants, and their managers owe a fiduciary duty to the funds that they manage.

Hedge fund investors do not receive all of the federal and state law protections that commonly apply to most mutual funds.  For example, hedge funds are not required to provide the same level of disclosure as you would receive from mutual funds.  Without the disclosure that the securities laws require for most mutual funds, it can be more difficult to fully evaluate the terms of an investment in a hedge fund.  It may also be difficult to verify representations you receive from a hedge fund.

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