Kapila Gohel

07/07/2010 Author: Kapila Gohel

Third-party rules get the balance right

Third-party marketers remain controversial. Capital raisers capable of driving a divisive stake between the hedge funds that need them and the US politicians that have sought to stamp them out after a number of well-publicised ‘pay-to-play’ scandals.

Shucking pension funds and paying pork-barrel politicians has damaged the industry. But, following a period of uncertainty, last week’s SEC decision to permit payments to properly registered firms strikes a happy medium between censure and legitimising a much-needed service.

Hedge funds should be pleased, but allocators also have much to gain. Without the new legislation, investors risked missing opportunities with talented emerging managers.

“The industry is dependent on a continual flow of new firms that someday might be industry leaders,” explains Don Steinbrugge of third party marketing firm Agecroft Partners. “For example, third-party markets raised capital for such firms as Moore Capital and Paulson & Co.”

Placement agents can also add an extra layer of due diligence. “Some firms represent less than 1% of the firms on which they perform due diligence,” says Steinbrugge. A fitting average for an industry that isn’t perfect, but now faces a higher degree of regulatory scrutiny than the non-SEC-registered hedge funds it serves.

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