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Hedge Fund Advisers Will Continue to Register Despite Court Decision to Strike Down SEC Rule

Small, independent hedge funds were given an investment adviser.Under the 2004 rule
a boost on Friday by a favorable court amendment, the SEC changed the definition
decision that struck down a controversial of a "client" of an investment adviser to
rule requiring hedge funds to register mean the individual investors in the
with the Securities and Exchange funds it managed. Thus, with few
Commission. Notwithstanding the exceptions, the 2004 rule amendment
decision, many fund advisers are expected forced fund advisers managing investment
to continue to register voluntarily in funds with 15 or more investors (and more
order to attract and retain institutional than $30 million in assets) to register
investors.In 2004, the SEC amended one of as an investment adviser. Since the
the key exemptions fund advisers relied adoption of the 2004 rule amendment,
on to avoid registration with the SEC as 1,260 new fund advisers have registered
an investment adviser. Previously, fund with the SEC.Last week's appeals court
managers with fewer than 15 clients were decision strikes down the 2004 rule
not required to register as an investment amendment, which will relieve many
adviser. Under the old rule, each fund smaller funds from the burden and expense
the adviser managed was considered a of investment adviser registration,
"client", regardless of the number of compliance and random SEC
individual investors in the fund. In inspections.This is a big development in
most cases, managers that advised fewer U.S.
than 15 funds could avoid registration as




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