Articles by Margie Lindsay
Offshore future
Is there a future for offshore legal practices specialising in hedge funds?
Making a good match
What are the main things a hedge fund should consider when choosing a jurisdiction? What are some of the main legal decisions hedge funds need to make before they set up a fund?
Flexibility and tax dominate structure
What are the main legal considerations in choosing a structure for a hedge fund?
Pricing problems
What are the legal concerns resulting from valuing instruments? What are the main legal pitfalls and challenges concerning illiquid instruments?
Disputes spotlight ways to deal with illiquid assets
What are the main issues affecting practices such as side pockets, synthetic side pockets, gates and suspension of redemptions?
Staying afloat
What can funds do to protect themselves from liquidation?
On or offshore? Pros and cons
What are the pros and cons of on/offshore hedge funds from a legal perspective? How do the options vary among on/offshore jurisdictions?
Be prepared for anything
What can law firms do to help a hedge fund avoid or survive a crisis?
Waiting and watching the regulators
What impact do you expect impending regulation to have on the legal profession and hedge fund clients? Will there be permanent and significant changes? What will be the main regulatory concerns hedge funds will face in the future?
Investors show more diligence
Has the process of due diligence changed? Are investors taking this more seriously and is it having any impact on hedge funds or funds of hedge funds and their operations or structure?
Making the right choice
What are the main considerations of a hedge fund when it chooses its legal counsel? Under what circumstances should a fund consider in-house legal services?
On/offshore convergence
Do you think the regulatory requirements between jurisdictions – both on and offshore – will narrow? Will there be growing convergence between onshore and offshore documents and regulation of funds?
Regulation challenges
What are the key challenges facing the legal profession working with hedge funds over the next 12 months? What are the likely challenges to impact hedge funds and the legal profession for the short and medium term?
Pricing in volatility and global reach
Are costs going to change over the medium and long term? Is cost a factor in a hedge fund’s choice of legal firm? Is there any real cost difference between law firms with a global reach and those with only a few offices?
Sub-custody and counterparty risk in the spotlight
What are the main issues around custody of assets and how is this changing?
Increased responsibility of auditors expected in future
What are some of the issues and opportunities for the future of auditing?
Regulation adds level of complexity
What issues and challenges may new regulations pose for auditors of hedge funds and funds of hedge funds?
Madoff continues to influence industry
What lessons have been learned from Madoff? How is the approach to the audit of fund investments and funds of funds changing?
Accounting Round Table
A report looking at the quality and reputation of auditors has become an even more critical selection criterion; valuation issues thrown up by illiquid assets are set to be a permanent part of the industry; the collapse of Lehman caught many hedge funds…
Need for audit seen as essential
How important is it to have an auditor for a fund? Should all funds be audited?
Reputation and independence key to auditor selection
How important should the choice of an auditor to the fund be to an investor? What criteria should a fund use to choose an auditor?
Determining fair value comes under attack
What are the issues around valuations?
Profession struggles with varying models
What are the challenges from the accounting standards’ (IFRS versus US GAAP) different valuation models – mark to market versus mark to comparators versus mark to model and different types of assets and jurisdictions?
Two accounting standard setters dominate
The International Accounting Standards Board (IASB) is an independent standard-setting board, appointed and overseen by a geographically and professionally diverse group of trustees of the International Accounting Standards Committee (IASC) Foundation…