| Are you in the market for an alternative | | | | withdraw funds as defined in the disclosure |
| investment? If you are one of the prudent | | | | document of each hedge fund. |
| investors who is seeking to allocate a portion of | | | | Almost all hedge funds have a lock up period. This |
| assets to strategies not normally employed by | | | | period can range from as little as three months to |
| the investing public this article is a must read. | | | | longer than two years. Generally the more |
| There are primarily two forms of alternative | | | | established the fund the longer the lock up period. |
| investment management, hedge funds and | | | | A lock up period is generally good for managers |
| managed futures. Hedge funds are invested in a | | | | and not so good for investors. If a manager has |
| vast number of products, both exchange listed | | | | a lock up period of one year and immediately |
| and Over-the-Counter (OTC) derivatives. Managed | | | | after making an investment the trading starts to |
| futures are generally only invested in exchange | | | | go poorly, that manager has a right to continue |
| listed commodity futures contracts, regulated by | | | | trading that money until the lock up period is |
| the Commodity Futures Trading Commission | | | | over; because the investor has previously agreed |
| (CFTC). Be careful! If the wrong investment is | | | | to the terms and conditions in the disclosure |
| chosen the investor may be left with a bad | | | | document he or she is not able to request |
| experience of alternative investment products. | | | | redemption until the specified time period is up. |
| This article will focus on the very important issues | | | | Managed futures products are different. Most |
| of transparency, liquidity, lock ups, returns and | | | | managed futures products do not have lock up |
| taxes in regards to the alternative asset class. | | | | periods. There are a few that have lock ups |
| Readers should leave with a better understanding | | | | ranging anywhere from three months to a year, |
| of a few of the primary issues involving any | | | | but this is not the status quo in the industry. If an |
| alternative asset investment. | | | | investment in a managed futures product needs |
| TRANSPARENCY | | | | to be redeemed it can generally be taken care of |
| Transparency is an issue with any investment. | | | | within a few hours. This is very beneficial if you |
| Most investors want to know exactly what their | | | | have taxes due, college tuition that needs to be |
| money is doing at all times. Giving money to | | | | paid or any unexpected expenses that comes up. |
| someone who claims to have returns of X | | | | Lock up periods will be foreign to most investors |
| without knowing what the manager is actually | | | | who have not invested in alternative investments |
| doing is generally a bad idea. Transparency is | | | | before. Make sure when reading the disclosure |
| becoming more and more of an issue as the | | | | document that the lock up and withdrawal periods |
| universe of investable products grows | | | | are properly discussed. Also, note that in many |
| exponentially. The recent hedge fund "blow-ups" | | | | cases the lock up period is an area that can be |
| are a case in point. | | | | negotiated to the investor's benefit. |
| Hedge funds are alternative investment vehicles | | | | RETURNS |
| that can be invested in anything from Johnson | | | | Returns are returns, right? Wrong! Returns are a |
| and Johnson common stock to over the counter | | | | very deceiving form of analysis for any |
| derivatives based in Zimbabwe. The universe of | | | | alternative investment. Most investors make |
| products is virtually limitless. When an investor | | | | investment decisions based on previous returns, |
| becomes a limited partner of a hedge fund, in | | | | but this is a flawed concept. The main issue is |
| most cases he/she is giving it free reign over the | | | | that past returns have absolutely nothing to do |
| funds they have invested. If the manager | | | | with future returns. This has been proven time |
| chooses to, he/she could invest in waffles and | | | | and time again as managers that were once |
| chances are the investor would never have any | | | | out-performing begin to under-perform and |
| idea. Hedge funds are not required to tell | | | | managers that were struggling rise to the top. |
| investors exactly where capital is being deployed. | | | | Wise investors will not base their investment |
| To make matters worse, many of the products | | | | decisions on past returns or assumptions made |
| do not have a closing value at the end of the | | | | about future returns. |
| day, so even if the investors knew what the | | | | The fact of the matter is that no manager really |
| funds were invested in they would have no idea | | | | knows what returns will be from year to year. |
| what their investment was actually worth on any | | | | Managers can target a certain return but there is |
| given day. There is absolutely no transparency. All | | | | absolutely no guarantee that the goal will be |
| the investors get is a quarterly statement | | | | achieved. If any manager, whether hedge fund or |
| informing them of gains or losses and maybe | | | | CTA, specifically promises a return that is a sign |
| some commentary if the manager is not too | | | | to seek a different manager. Likewise, if a |
| busy. In some cases investors hear that, virtually | | | | manager touts his/her past returns it is a sign he |
| overnight, more than 50% of their funds have | | | | she does not fully understand that returns are |
| been lost. Long-Term Capital Management is the | | | | completely unrelated to each other and have no |
| most infamous case of a hedge fund "blowing up," | | | | bearing on the future. |
| but recently there have been quite a few more | | | | There are numerous databases in which |
| that are going down in history, such as | | | | managers can post monthly returns and potential |
| Amaranth's $6 billion loss in 2006, Absolute Capital | | | | investors view them, but this is completely the |
| Groups' 30-40% loss and Focus Capital's 80% loss | | | | wrong way to make any investment decision. |
| in early 2008. | | | | Chasing returns leads investors down the wrong |
| The story is much clearer if the investor is | | | | path and can have devastating effects on their |
| involved in a managed futures product, or with a | | | | capital (see "Transparency"). |
| Commodity Trading Advisor (CTA). A CTA | | | | What investors need to do is search through |
| generally has a very specific strategy that is | | | | these alternative investment managers by |
| defined in the investor's disclosure document, | | | | strategy, not by returns. The investor should pick |
| which is similar to a prospectus. The CTA is | | | | a few advisors from each category after reading |
| required to state exactly what products the | | | | about the managers' approach to the market. |
| investor's money will be invested in as well as | | | | Once a few are decided on, the investor should |
| exactly how the manager plans to invest. What's | | | | call each manager and request more information |
| more, once invested with a CTA investors will | | | | and/or a meeting. All managers will have a |
| receive a statement every time a trade is placed. | | | | disclosure document and possibly some marketing |
| At the end of every day the products in which | | | | material that can be given to potential investors. |
| investor capital is deployed are marked with a | | | | Meeting the manager of a hedge fund can be a |
| closing price determined by the exchange. This | | | | difficult task unless the investor is placing a very |
| allows the investor to know exactly what his/her | | | | large sum. CTAs, however, are generally much |
| investment is worth. | | | | more open and willing to meet with investors, so |
| It is really up to the investor as to what makes | | | | getting a meeting with them is entirely possible. |
| him or her comfortable. If one person does fine | | | | Once the proper due diligence is done and the |
| not know where his assets are invested then the | | | | investor likes the manager's strategy and |
| transparency issue may not need to be | | | | approach, an investment can be made. Be careful |
| considered, but for most of us it is of the utmost | | | | not to invest too many assets with any one |
| importance. | | | | manager or specific style, as that is not proper |
| LIQUIDITY | | | | diversification. It is wise for the investor to build a |
| Liquidity: a business, economics or investment | | | | portfolio of alternative asset managers over a |
| term that refers to an assets ability to be easily | | | | wide range of strategies, as this may reduce the |
| converted to cash through an act of buying or | | | | risk of any one particular manager or style. |
| selling without causing a significant movement in | | | | TAXES |
| the price and with minimum loss of value. (defined | | | | Hedge funds often provide the investor with very |
| by wikipedia.org) | | | | unfavorable tax treatment because they are |
| Liquidity can be an issue with both hedge funds | | | | invested in many different products all over the |
| and managed futures, but a good manager will | | | | world. This may have a vast array of |
| tend to avoid instruments that are illiquid or | | | | consequences on the investor's overall taxes. |
| difficult to trade in and out of. | | | | Hedge funds uniformly report investors' gains or |
| As stated previously, hedge fund managers can | | | | losses in August after each tax year, forcing an |
| and do invest in a vast array of products. Many | | | | extension of filing. Additionally, the tax returns are |
| of these products are OTC derivatives or | | | | very complex, often over 30 pages for each fund |
| products that are traded between banks and the | | | | invested in. To try and explain all the possible tax |
| hedge funds directly. If the hedge fund buys an | | | | consequences of a hedge fund would probably |
| OTC derivative from a bank, and later decides it | | | | require an entire book. In the interest of time the |
| needs to sell that particular product back, the | | | | entire spectrum of hedge fund tax accounting |
| bank alone determines what they will buy it back | | | | simply cannot be delved into at this point. |
| for, or worse, if they can buy it back at all. In | | | | For managed futures products the tax accounting |
| that case the hedge fund may not be able to get | | | | is very simple. Since most trades take place |
| out of a losing position. | | | | within Regulated Futures Contracts (RFC) |
| Liquidity is an issue that has gripped a number of | | | | regulated by the CFTC, contracts receive Internal |
| hedge funds lately. Many have been forced to | | | | Revenue Code Section 1256 treatment. In this |
| shut down because they were invested in highly | | | | case 60% of profits are taxed at the long-term |
| illiquid derivatives linked to sub-prime mortgages. | | | | capital gains rate and 40% are taxed at the |
| When the counter parties began to refuse to buy | | | | short-term capital gains rate. For a profitable |
| the products back the funds had no choice but to | | | | managed futures product this effective tax rate |
| liquidate their portfolios at extremely discounted | | | | of 23% provides a 12% advantage over hedge |
| prices and shut their doors, or refuse investors' | | | | funds that trade frequently. This can, however, |
| requests to withdraw their money. | | | | be a stumbling block in the case of large losses. |
| Unfortunately liquidity can be an issue for | | | | When a loss is recorded and 60/40 treatment |
| managed futures as well. Most managers only | | | | has been elected the investor is only allowed to |
| trade in highly liquid commodities; however, there | | | | carry forward $3000 of those losses every year. |
| are times when even the most liquid commodity | | | | If the investor's loss is large this can be a real |
| can become illiquid very fast. Illiquidity can be | | | | headache, as he/she will be carrying forward |
| caused by many factors, from politics to supply | | | | losses indefinitely. There is a bright side, and that |
| and demand imbalances to general investor fear | | | | is if the investor has created a portfolio of |
| and greed. A prudent manager will prevent | | | | managed futures products and another manager |
| investors from being too exposed to liquidity risks | | | | has produced gains the investor can write off the |
| by implementing some sort of hedge, | | | | loss against the gains of that other manager. |
| diversification or proper position sizing of the | | | | In the end calculating taxes for a managed |
| account. | | | | futures product is much simpler than for a hedge |
| When dealing in listed markets, as most managed | | | | fund. For some investors this may not be an |
| futures products do, the counter party to any | | | | issue, as their CPAs will manage everything, but it |
| trade usually has a number of other counter | | | | would be important to consult with the CPA prior |
| parties willing to buy or sell at specified prices. This | | | | to investing to make sure he/she fully |
| kind of open auction system generally allows for | | | | understands the implications involved with the new |
| prices to be fair. To give investors even more | | | | investment. |
| comfort each account is guaranteed by the | | | | WHAT IS THE CONCLUSION? |
| exchange clearing house through customer margin | | | | As a responsible investor it is prudent to have up |
| deposits, meaning that the chance of a counter | | | | to 20% of assets invested in the alternative |
| party defaulting on any given transaction is | | | | investments. This can be achieved by utilizing |
| drastically reduced. However, when dealing with | | | | hedge funds or managed futures products. It is |
| obscure OTC markets, as many hedge funds do, | | | | the investor's choice as to which is better suited |
| most of the time there is only one counter party | | | | for their portfolio. It is important to not be too |
| to the trade, meaning it is not guaranteed by | | | | heavily invested in one particular alternative asset |
| anyone, which not only makes the chance of | | | | manager or specific alternative asset strategy. |
| default higher but at the same time makes the | | | | Investors are encouraged to create a portfolio of |
| likelihood of getting a fair price on any given trade | | | | alternative asset managers, just as they create a |
| much less. | | | | portfolio of mutual funds, stocks and bonds. |
| When investing in a hedge fund or managed | | | | Numerous studies have shown how diversification |
| futures product it is important to understand how | | | | into alternative assets can, over time, smooth out |
| liquidity can affect the investment. If a manager is | | | | the volatility of an investor's portfolio. |
| using too much leverage or is consistently | | | | The topics discussed above represent only a small |
| involved in thinly traded OTC products that are | | | | portion of the differences between these two |
| less liquid it may be a sign that investing in that | | | | popular alternative investment styles. Proper due |
| vehicle at that time is not wise. | | | | diligence is the sole responsibility of the investor |
| LOCK UP PERIOD | | | | and requires a much closer look than these few |
| A lock up period is the time after the initial | | | | issues. Careful consideration of one's own financial |
| investment in which the investor is not allowed to | | | | condition must be taken into account, as the risk |
| withdraw funds from that particular vehicle. After | | | | of loss can be substantial in any alternative |
| the specified lock up period investors are free to | | | | investment. |