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Textbook
Introduction
1. Common stock
2. Preferred stock
3. Bond fundamentals
4. Corporate debt
5. Municipal debt
6. US government debt
7. Investment companies
8. Alternative pooled investments
8.1 REITs
8.2 Hedge funds
8.3 Direct participation programs
8.4 Business development companies (BDCs)
9. Options
10. Taxes
11. The primary market
12. The secondary market
13. Brokerage accounts
14. Retirement & education plans
15. Rules & ethics
16. Suitability
Wrapping up
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8.2 Hedge funds
Achievable Series 7
8. Alternative pooled investments

Hedge funds

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General characteristics

The word hedge is often used to mean protection or insurance. That makes it tempting to assume a hedge fund is designed to protect investors from losses. Most modern hedge funds don’t work that way.

The term originally came from Alfred Jones, who in 1949 formed the first “hedge fund.” His fund invested in common stocks and reduced (or “hedged”) risk by using short positions. Many structural features from that early model still show up today, but hedge funds are no longer best known for protection-based strategies.

Hedge funds share several characteristics with other funds (for example, mutual funds and ETFs):

  • They pool investor capital.
  • A portfolio manager oversees the investments.
  • The manager aims to maximize shareholder return while following the fund’s investment objectives and is compensated for managing the fund.
  • Shareholders earn returns through periodic distributions and by redeeming shares at values higher than their original cost.

There are important differences as well. The biggest difference is regulation. Most pooled investment vehicles are highly regulated; hedge funds generally are not. With fewer regulatory constraints, hedge fund managers can use strategies that publicly available funds are typically prohibited from using, including:

  • Heavy use of leverage (investing borrowed funds)
  • Short-selling securities
  • Investments in speculative investments or assets (e.g., currencies and commodities)
Definitions
Speculative investment/asset
One that experiences significant price volatility, requiring investors to make quick and timely investments to obtain profits; very high risk and return potential

Most hedge funds require a minimum investment of $1 million (or more) and restrict investments to accredited investors*. By limiting investors this way, hedge funds can avoid many regulations that apply to publicly available investment pools.

The term accredited comes from Regulation D, a subsection of the Securities Act of 1933. “Reg D” allows securities offered primarily to accredited investors to avoid registration, which results in limited Securities and Exchange Commission (SEC) (regulatory) oversight. In general, you should assume most securities are subject to registration, which involves significant investor disclosures and regulatory oversight, but that hedge funds typically avoid this process. We’ll learn more about SEC registration in a future unit.

*Investors meeting certain requirements tied to wealth or investment experience are defined as accredited investors according to Regulation D.

Fees

With limited supervision and regulation, hedge fund portfolio managers often pursue investments with unusual risk-and-return profiles. Many managers are compensated based partly on the fund’s gains, which can create an incentive to take on significant risk in pursuit of large returns.

A typical hedge fund fee structure is “2 and 20,” meaning the fund:

  • Charges 2% of AUM (assets under management), and
  • Keeps 20% of the gains it makes for its investors

This is the fee structure for Bridgewater Associates hedge funds, one of the largest hedge fund companies in the world, with an approximate portfolio size of $150 billion (as of November 2022). Even without the 20% performance fee, a 2% AUM fee on $150 billion equals $3 billion collected annually. Bottom line: hedge funds can generate substantial fee revenue.

Unique investments

Some hedge funds use exotic strategies and invest in unusual assets. For example, some hedge funds made significant gains on Madoff claims.

Here’s the background. Bernie Madoff ran a Ponzi scheme that defrauded investors of nearly $60 billion (he was caught in 2008). Defrauded investors were eligible to file claims against his assets, which a bankruptcy court handled. Bankruptcy proceedings can be slow, and payouts aren’t guaranteed. Some hedge funds bought these claims from victims at deep discounts and then waited for a settlement.

For example, an investor with a $100,000 claim against the Madoff estate sells the claim to a hedge fund for $10,000. If the claim ultimately pays out, the hedge fund earns a 10x return.

Another investment hedge fund managers often gravitate toward is special purpose acquisition companies (SPACs), also known as blank check companies. These organizations raise capital without a defined operating business. Instead, they promise to acquire or merge with another business within a short period (usually within 24 months). Investors are essentially buying into the SPAC executives’ plan, even though they don’t yet know which specific company their money will be used to acquire.

Sidenote
Case study: NewHold Investment Corp. & Evolv Technologies

Let’s explore a real-world example to better understand SPACs. In July 2020, NewHold Investment Corp. issued units of a new SPAC at a $10 public offering price. Each unit comprised one share of NewHold Investment Corp. common stock and a half warrant to purchase additional stock for $11.50 per share. 15 million units were sold by the end of the SPAC’s initial public offering (IPO), resulting in $150 million raised. According to the SPAC’s prospectus:

“NewHold Investment Corp. is a newly organized blank check company [SPAC] formed for the purpose of effecting a merger, capital stock exchange, asset acquisition, stock purchase, reorganization or similar business combination…”

While searching for a business to buy or merge with, NewHold pledged to invest the raised capital in short-term Treasury securities held in a trust account. This is typical for SPACs: investor assets are kept in relatively safe securities until a target is identified.

Eventually, Evolv Technologies, a weapons detection company, was identified as Newhold’s primary target. The SPAC merged with Evolv in July 2021, and the newly-formed company’s stock - Evolv Technology Holdings Inc. (ticker: EVLV) - began trading on NASDAQ (the former SPAC shares became EVLV’s new shares).

Initial NewHold SPAC investors essentially invested in Evolv Technology, a privately held company until the merger. If the merger had never occurred, NewHold would have returned the raised capital to investors.

A blind pool investment is another popular hedge fund investment that resembles a SPAC but is somewhat more transparent. SPACs don’t disclose the businesses or industries they intend to target, while blind pool investments typically disclose the industries or sectors they plan to target.

Funds of hedge funds

While hedge funds aren’t available to the general public for many reasons, funds of hedge funds are more attainable for the average non-accredited investor. These pooled investments typically allocate shareholder funds to a dozen or more hedge funds, which can provide diversification.

Funds of hedge funds also tend to have lower minimum investments (usually around $25,000). However, they charge additional management fees on top of the fees charged by the underlying hedge funds, which can make this type of investment expensive.

Suitability

Benefits

Hedge fund investments provide two primary benefits: capital appreciation and diversification.

Like any other fund, shareholders benefit when the value of the fund’s assets rises. The goal is capital appreciation, meaning you redeem shares at a higher value than your original cost. For example, an investor places $1 million in a hedge fund and redeems the investment ten years later for $5 million. Some hedge funds also distribute investment income (e.g., dividends and interest) to shareholders.

Hedge funds can also offer diversification benefits. Many hedge fund portfolios include investments that are unusual and often unavailable to smaller investors. Exposure to these “exotic” investments can diversify a portfolio beyond basic stock-and-bond allocations.

Risks

As with other pooled investments, many shareholder risks come from the fund’s underlying assets. For example, a fund with a large allocation to debt securities would likely face high interest rate risk. Hedge funds often invest in more speculative and aggressive assets, but the specific risks vary because each fund is managed differently. In general, hedge fund investors face capital risk, meaning they can lose part or all of their original investment.

Hedge funds can also involve risks that other pooled investments generally avoid, including liquidity risk. Mutual fund redemption requests, for example, must be fulfilled within 7 days of request. Hedge funds are different because many impose lock-up periods that prohibit withdrawals for long stretches of time. For example, some hedge funds only allow redemptions after a five year holding period. This structure lets portfolio managers invest without needing to keep large amounts of cash available for redemptions.

Legislative risk also applies to hedge fund investments. Politicians and regulators have discussed writing rules governing hedge funds for years. If new laws were enacted, administrative and legal costs would likely rise.

Typical investor

Hedge fund investors are generally wealthy and sophisticated due to regulatory requirements. To avoid regulation, hedge funds typically offer investments only to accredited investors. This type of investor is also considered suitable for the high-risk, high-return potential investments held in many hedge fund portfolios.

Definitions
Sophisticated investor
An investor with the market knowledge and the ability to withstand large losses, typically due to their high net worth (wealthy investor)

Smaller non-accredited investors may be suitable for funds of hedge funds because of the added diversification (they invest in many hedge funds) and shorter lock-up periods (some have no lock-up period). Even so, a fund of hedge funds is still generally considered an aggressive investment with high risk and return potential.

Key points

Hedge funds

  • Unregulated investment funds
  • Only accredited (wealthy) investors participate
  • High risk and high gain potential
  • Subject to lock-up periods
  • Typically sold in Regulation D offerings

Special purpose acquisition companies (SPACs)

  • Also known as a “blank check company”
  • Raise capital from investors with no defined business in place
  • Funds used to acquire or merge with a private business
  • Invested capital placed in trust into safe securities
  • Shareholders must approve proposed business acquisitions

Blind pool companies

  • Similar to blank check companies, but provide more transparency
  • Typically disclose targeted industries or sectors

Funds of hedge funds

  • Portfolio of several hedge funds (diversification)
  • Lower investment minimums than individual hedge funds
  • Not required to be accredited to invest
  • Potential lower liquidity risk (shorter lock-up periods)
  • Higher fees than individual hedge funds

Hedge fund suitability

  • Benefits:
    • Capital appreciation and diversification
  • Risks:
    • Capital, liquidity, and legislative risk
  • Typical investor:
    • Aggressive, wealthy investors in search of high levels of return
    • Must withstand high levels of risk

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