Gwyn Roberts

18/08/2010 Author: Gwyn Roberts

Editor's view: 19 August 2010

Who’d be a hedge fund operational professional? In the good times they are anonymous; hidden by the shadows of over-achieving portfolio managers. In bad times they are often the last bastion between survival and destruction.

Currently, the average COO is caught in a vicious regulatory fire-fight. If dealing with the ramifications of AIFM has been a long campaign – a never-ending battle for some – it is only one of a number of operational skirmishes currently being fought at hedge funds.

SEC changes, Fin 48, Dodd-Frank, Hire Act. All have created a litany of operational headaches for management firms. The latest prospective problem lies with the FSA’s remuneration consultation and its potential ability to disrupt hedge fund business structures. How can privately held LLP structures be fall under the auspices of a change designed for listed entities? Answer: they can’t.

No one is arguing with the intentions behind the FSA’s latest move. Or the inspiration behind the majority of proposed and enacted financial legislation. The shock of broken banks and dislocated market required mollification and, to a certain extent, a renewed look at financial regulation is the answer.

However, if the intentions are sound, the unintended consequences are causing sleepless nights. With competing bills, acts and directives creating the potential for regulatory arbitrage, the role of operations professional has never been more important. Add to this the demands of investors, and it is essential.

Managers are heeding this need. HFMWeek has recently polled a number of start-up funds on their operational infrastructure, only to find that, rather than outsourcing or relying on their prime broker for this facility, they are launching with a designated operations professional. This doesn’t come cheap, but it’s a clear sign that compliance and observance of shifting conditions are now just as essential as money management skills. Hopefully, regulators will regard this as an act of good faith. 

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