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The Regulation of Private Equity, Hedge Funds and State Funds

Financial Law Institute Working Paper No. 2010-06

35 Pages Posted: 30 Sep 2010  

Eddy Wymeersch

Ghent University - Financial Law Institute; ECGI

Date Written: April 30, 2010


This text contains the general report for the XVIIIth Congress on Comparative Law to be held in Washington DC. It gives a comparative overview of the three types of funds to be discussed, and some of the problems that have been raised about them. On hedge funds, the analysis indicates that most regulators have avoided them to be offered to the retail investors, but the way this is achieved is quite different. Therefore, regulation often is limited to this negative ambit. Some regulatory provisions apply in connection with the prime brokers or the depositories. Much of this will chance after the entry into force of the future EU directive on Alternative Investment fund management, providing for a substantive regulation of hedge fund activity along with a European passport. On private equity funds, the focus has been put on their relations with investee companies. On sovereign wealth funds, the international conduct rules have been mentioned along with different ways states follow for prohibiting foreign investment in their economy. This general report is based on the input from national reporters, and own research.

Keywords: Investment Fund, Hedge Fund, Private Equity Fund, Alternative Investment Fund Directive (AIFM), Sovereign Wealth Fund (SWF)

JEL Classification: K22, K23

Suggested Citation

Wymeersch, Eddy, The Regulation of Private Equity, Hedge Funds and State Funds (April 30, 2010). Financial Law Institute Working Paper No. 2010-06. Available at SSRN: or

Eddy O. Wymeersch (Contact Author)

Ghent University - Financial Law Institute ( email )

Universiteitstraat 4
Gent, B-9000
+32 9 264 68 27 (Phone)
+32 9 264 68 55 (Fax)


ECGI ( email )

B-1050 Brussels

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