Net Capital Requirement for State Registered Hedge Fund Managers

Overview of Net Capital Requirement and Bond Alternative

Hedge fund managers who need to register as investment advisors in their state of residence often have to deal with the net capital requirement issue.  Usually there will be two separate net capital requirements for the investment advisor (meaning the fund’s management company) depending on the nature of the advisor’s business:

Advisors with Discretionary Authority - $10,000
Advisors wit Custody - $35,000

[Note: these requirements do not usually apply to forex hedge fund managers unless such managers are also registered as investment advisors.]

Generally all state registered hedge fund managers will have discretionary authority of the hedge fund’s investments so most advisors will need to maintain the $10,000 requirement.  Also, most hedge fund managers will also be deemed to have “custody” of the fund assets because they will either have direct access to the hedge fund’s bank account and because they will directly deposit their management fees from the fund’s brokerage account.  Accordingly, most state hedge fund managers will need to maintain the more burdensome $35,000 net capital requirement.  There is no requirement to combine the $10,000 with the $35,000 for managers with both discretionary authority and custody - in these situations the manager will only need to maintain the $35,000.

Investment Advisor Bond

As an alternative to maintain a firm net capital according to the above, some states will allow hedge fund managers to post a bond in the required amount instead.  Not all states will allow a manager to post a bond instead so you should be sure to talk with your hedge fund attorney or compliance professional before you begin the process of securing a bond.

Securing the Bond

There are a number of groups out there who can underwrite these sorts of bonds for the money managers.  The fees for such bonds will be anywhere from $250 to $1,000 depending on a number of factors including the credit history of the managing member of the fund management company.  It will generally take anywhere from a few days to a couple of weeks to secure the bond and from there the manager will likely need to show proof to the state securities division that the bond has been secured in the proper amount. 

This article was written by Bart Mallon, Esq. of Mallon P.C.  Mr. Mallon's practice is devoted to helping managers start a hedge fund.