Hedge funds are limited partnerships that are not subject to regulation under
the Investment Company Act of 1940. This exemption is obtained by limiting
the number of investors to 100 or, subsequent to 1996, to investors who are
‘‘qualified,’’ as discussed below. This attribute establishes prima facia evidence
for treating an investor as informed and sophisticated and therefore not in need
of the protections offered by the Act of 1940. Another distinguishing attribute
of hedge funds is that the management of the fund receives a portion of the total
return earned by the fund (e.g., 20% of the total return, plus a regular manage-
ment fee based on the net assets of the fund). Such a fee structure proved to be
most appealing to many in the industry.
As noted in the 1999 article ‘‘The Performance of Hedge Funds: Risk,
Return, and Incentives’’ by Akerman, McEnally, and Ravenscraft (AMR),
over 40% of the open-end investment companies formed in 1968–1969 adopted
various incentive fees. However, this prompted a predictable regulatory
response in the 1970 amendment to the Investment Company Act of 1940,
which requir es the performance-based fees of regulated investment companies
to be symmetric. AMR report that incentive fee structures were present in about
10% of all open-end funds by 1972, and that this fell to less than 2% of all open-
end funds by 1995.
Nonetheless, the initial explosion in the creation of hedge funds was quickly
dampened by the dismal investment environment in the United States resulting
from the end of the 1969 bull market and the oil price induced recession of
1973–1974. However, interest in hedge funds was rekindled with an article by
Julie Rohrer entitled, ‘‘The Red-Hot World of Julian Robertson,’’ that
appeared in the May 1986 issue of Institutional Investor. The Robertson-led
Tiger Fund was reported to have earned an average return of 43% (above
expenses and incentive fees) over its 6-year life.
The 1980s was a period of substantial primary market activity and rapidly
rising securities prices, and there ensued another flurry of hedge fund forma-
tion. Such an environment was ripe for financial shenanigans, many of which
occurred, and a number of perpetrators wer e caught and sentenced with much
fanfare and disgust. During this period most hedge funds flew under the radar
while the strategies employed by these funds proliferated. By the early 1990s it is
thought that the industry had grown to nearly 1,000 funds.
In 1992 the financial world was riveted by news that the Quantum Group of
Funds (managed by George Soros, ‘‘the man who broke the Bank of England’’)
earned as much as US $1.8 billion by shorting the British pound and going long
the Deutschmark. However, several years later, this event was overshadow ed by
the dramatic collapse of the Russian ruble, which led to a US $2 billion loss by
the Quantum Group, and which led to the Federal Reserve-orchestrated bailout
of Long-Term Capital Management after its US $4 billion loss.
Long-Term Capital Management had been started in 1994 by John
Meriweather (former head of Solomon Brother’s bond trading unit), and its
managers included Nobel laureates Myron Scholes and Robert Merton. Ulti-
mately, the positions of Long-Term Capital Management were liquidated,
88 6 Hedge Funds: Issues and Studies