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Fund Forward

Crisis Might Have Been Averted if Hedge Funds Registered With SEC

Of course, it cannot be proved that hedge funds contributed to the financial crisis, as the Department of the Treasury said last week. However, it's more than likely that the top-performing hedge fund managers, those earning a staggering $1 billion a year in 2006, 2007 and 2008, were invested in the mortgage-backed and leveraged instruments that brought the economy to its knees.

Even after a federal appeals court in 2006 tossed out a controversial Securities and Exchange Commission rule that would have required hedge funds to register with the agency, the SEC and Congress have continued to talk about requiring hedge funds to register-to no avail.

Treasury said last week it will propose legislation that would require all hedge funds and private capital pools with $30 million or more of assets under management to register. Hedge funds would also have to reveal how many assets they have under management, whether they engage in leveraging or borrowing, and if they have any off-balance sheet exposure. They would also have to comply with strict capital, liquidity and risk management rules.

While hedge funds were not at the center of the current crisis, said Michael S. Barr, assistant secretary for financial Institutions at the Treasury, their deleveraging and lack of transparency contributed to the crisis. "These firms continue to present unknown risks, and that lack of transparency is no longer tenable," he said. "We need a system that's flexible enough to adapt to the emergence of other institutions that could pose a risk to the system."

Barr continued to say that innovation is critical to the financial services industry and the people and businesses it serves, but it "demands a system of regulation that protects our financial system from catastrophic failure, protects consumers from widespread harm and ensures that consumers have the information they need to make appropriate choices."

Let's see if President Obama has enough influence over Capitol Hill and Wall Street to put this much-needed safeguard, finally, in place.

Remember, the start of the crisis first became evident in July 2007, when two Bear Stearns hedge funds with a combined $1.6 billion of assets, went bankrupt due to subprime bond exposure. Hedge funds were some of the biggest investors in the real estate feeding frenzy. Had they opened their books, we would have known that.

 

(c) 2009 Money Management Executive and SourceMedia, Inc. All Rights Reserved.

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Recent Posts

Mutual Funds Must Go High-Tech-v. 3.0

Over the last number of years, mutual fund transfer agencies and shareholder communications companies have tried to convince shareholders to accept paperless summary prospectuses, proxies, trade confirmations and electronically stamped signatures. Fund supermarkets and web home pages have broadened their horizons to include market commentary, videostreaming and personal financial news. At the same time, exchange-traded funds, funds-of-funds, hedge FoFs, unified managed accounts, target dates, 401(k) auto enrollment and heightened awareness among people throughout the country of the difficulties of being retired-have taken off.

Test of the Massey Mine

Fund giant boards of directors at AllianceBernstein, American Funds, Fidelity, Vanguard and others are reportedly starting to bring about meaningful change in the corporations in which they are invested. Proof should come any day now, when the shareholder proxy votes from the annual meetings are released. Fund chief executive officers spoke about the power and influence their proxies wield in an interesting Reuters article last week, "Mutual Funds Seek to Shed 'Rubber Stamp' Tag."

Milestones

In 2011, 401(k) plans will turn 30, but the milestones the mutual fund industry has reached in this time are but a nanosecond in the history of U.S. retirement policy. Executives we interviewed for this special edition of Money Management Executive for the Investment Company Institute's meeting in Washington, speak to important milestones of the recent past and into the future. Look inside for observations and forecasts by Ted Benna, Robert L. Reynolds, Dan Fuss, David C. John, Steven Miyao and others.

At Age 30, It's Time for a Revamping for the 401(k)

This year marks the 30th anniversary of the 401(k), the revolutionary retirement savings vehicle that has been annihilating pension plans, empowering individuals to take part in the stock market-and, sadly, that left retirees with the misfortune of leaving the workforce in 2000 or 2008 very badly off. The cracks in the system are prompting many asset managers, regulators and retirement experts to take a hard look at 401(k)s and how they can be fixed.

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Lee Barney

Lee Barney served as editor of Money Management Executive from 2002 to 2010. Previously, at United Media’s Wall Street & Technology magazine and Risk/Waters Information Services, she covered financial IT. For TheStreet.com, she wrote the daily “Meet the Street” column covering a broad spectrum of market-moving events. Lee began her career as a reporter in Tokyo with The Japan Times and was executive editor of Spotlight magazine.