The Forced Registration of Hedge Funds in the United States
10 Pages Posted: 8 May 2020
Date Written: October 2019
This article recounts the history of hedge fund regulation in the United States over the last century, including Congressional legislation as well as legal cases mounted both by and against the Securities and Exchange Commission. Traditional arguments for and against hedge fund regulation are discussed. The article argues that neither hedge funds nor their managers should be regulated—whether directly or indirectly. Rather, financial or trusted advisors who recommend these products to investors should bear the regulatory burden.
Keywords: fiduciary, financial regulation, hedge funds, Securities and Exchange Commission
JEL Classification: G18, G28
Suggested Citation: Suggested Citation