S.344 - Hedge Fund Transparency Act

A bill to require hedge funds to register with the Securities and Exchange Commission, and for other purposes. view all titles (2)

All Bill Titles

  • Official: A bill to require hedge funds to register with the Securities and Exchange Commission, and for other purposes. as introduced.
  • Short: Hedge Fund Transparency Act as introduced.

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Introduced
 
Senate
Passes
 
House
Passes
 
President
Signs
 

 
01/29/09
 
 
 
 
 
 
 

Official Summary

Hedge Fund Transparency Act - Amends the Investment Company Act of 1940, Securities Act of 1933, the Securities Exchange Act of 1934, and the Internal Revenue Code to convert exceptions to the definition of an investment company into exemptions from mandatory registration as one. Exempts an

Official Summary

Hedge Fund Transparency Act - Amends the Investment Company Act of 1940, Securities Act of 1933, the Securities Exchange Act of 1934, and the Internal Revenue Code to convert exceptions to the definition of an investment company into exemptions from mandatory registration as one. Exempts an investment company with assets, or assets under management, of at least $50 million from ordinary registration and filing requirements only if that company:
(1) registers with the Securities and Exchange Commission (SEC);
(2) files with the SEC a specified annual electronic information form, made available to the public, concerning ownership structure, investors, primary accountant and broker, and current assets value;
(3) maintains such books and records as the SEC may require; and
(4) cooperates with any request for information or examination by the SEC. Requires any investment company meeting such exemption requirements to establish an anti-money laundering program, according to rules prescribed by the Secretary of the Treasury, and report suspicious transactions. Requires such rules to require exempted investment companies to use risk-based due diligence policies, procedures, and controls reasonably designed to ascertain the identity of, and evaluate, any foreign person that supplies funds, or plans to supply funds, to be invested with the investment company's advice or assistance. Requires such rules also to require exempted investment companies to comply with the same requirements as other financial institutions for producing records requested by a federal regulator, particularly within 120 hours of receiving such a request.

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