Offering Advice & Services to Traders | Investors | Funds
Incubator Hedge Funds In the United States, the incubator hedge fund is established with two companies—the hedge fund and its investment manager. Free Hedge Fund Business Planning Checklist In many other countries, a hedge fund incubator can be established with one company; the investment manager can be established at a later date. Contact Us for a Free Consult The key difference between a full-fledged hedge fund and an incubator hedge fund is the ability to charge performance and management fees and the availability of offering documents. Learn More About Hedge Fund Offering Documents
We would like to thank Hannah and the company for their invaluable help in forming our incubator hedge fund. They were extremely knowledgeable, efficient, and professional while working with us, and we are glad to have them as a vital resource as we grow our incubator hedge fund into a full-fledged one. Dale Angus, Golden Egg Capital Management LLC. March 28, 2012.
Offshore Hedge Funds and Offshore UBIT Blocker Companies The offshore incubator hedge fund is an excellent alternative to a full-fledged offshore hedge fund. Learn More About Starting an Offshore Hedge Fund It is changed readily into a fully regulated hedge fund with offering document at any point and is the ideal approach to starting an offshore hedge fund. Learn More About Hedge Fund Offering Documents We are one of the leading hedge fund law firms assisting new hedge fund managers. Contact Us for a Free Consult Many hedge funds use foreign corporations as blockers for their investors to invest in the fund or so that the fund may invest in portfolio companies. Blockers are also used to prevent U.S. tax-exempt organizations from recognizing unrelated business taxable income (UBTI) and to prevent foreign investors from recognizing income that it effectively connected to a U.S. trade or business. Learn More About Hedge Fund and Trader Taxes
SEC & State Registered Investment Advisers The United States long required its investment advisers to register with the Securities and Exchange Commission (SEC), but exempted advisers with fewer than 15 clients. This exemption no longer exists and as a result, many unregistered investment advisers must register with the SEC or their home state. However, very narrow exemptions from SEC and state investment adviser registration remain. Learn About Investment Adviser Registration and Exemptions Any mid-sized adviser that is ineligible for SEC registration for failure to meet the $150 million assets under management test must withdraw its registration by June 28, 2012 and transition down to state investment adviser registration. If you manage asset under $150 million and are exempt from state investment adviser registration, you may be required to file modified Form ADV with the SEC as an Exempt Reporting Adviser. Received an SEC "sweep letter?" Contact Us for assistance! Real estate fund managers are required to register as investment advisers. The SEC and many states allow performance fees to be charged only to qualified clients. Learn More About Qualified Clients and Learn More About Hedge Fund Fees
Our Customers Hannah Terhune and her associates have provided legal advice and services to me for over a year. She provided initial guidance to help determine the kind of fund most suitable for my goals, created the legal documents that are the framework for my hedge-fund, and assisted with ADV submissions to register my company as an Investment Advisor. I continue to rely on her for ongoing compliance issues in this complex and dynamic industry. I found Ms Terhune and her associates to be extremely knowledgeable and helpful in a very responsive way, with friendly and professional manners. Overall a very good experience. Highly recommended. Marty Cawthon ChipChat Technology Group
Spot Forex, Managed Futures Trading and Commodities Are you a CTA and/or a CPO? If you trade futures contracts, commodity options (including options on futures contracts), leveraged contracts involving certain precious metals, futures contracts and commodity options traded on a board of trade, foreign futures and foreign options and/or spot forex on behalf of a private customer or a hedge fund--you are a commodity trading adviser (CTA)and/or a commodity pool operator. Unless you operate as an exempt commodity pool, you need to register as a CTA and/or a CPO with the National Futures Association (NFA). Recently, the NFA eliminated the Rule 4.13(a)(4) exemption--an exemption relied on by a substantial portion of the hedge fund industry. Hedge fund managers operating commodity pools under Rule 4.13(a)(4) have until December 31, 2012 to register as commodity pool operators (unless they can avail themselves of another exemption). The NFA exemptions must be renewed annually beginning in 2012. Learn More About Operating as CPO and a CTA
Trading spot forex? CFTC regulations put spot forex advisers on equal footing with advisers trading on-exchange commodity future and option contracts. If you are based in the United States, or if you have U.S. customers, CFTC regulations require that you register with the NFA and meet the disclosure, record-keeping, reporting, and other requirements. Learn More About Operating a Forex Fund or Forex Managed Account Business
SEC Form D and State Blue Sky Filings for Hedge Funds Hedge funds operating under to the Security and Exchange Commission's (SEC) Regulation D, must file Form D with the SEC annually. The sale of a hedge fund interest to an investor in any state triggers state reporting requirements for the hedge fund and these filing requirements and filing fees vary from state to state. In some states, the hedge fund blue sky filing must be renewed annually. Click Here to Learn More About Form D and State Blue Sky Filings The SEC and state blue sky filings apply whether or not you are registered as an investment advisor, and even if your hedge fund trades forex or commodities. DO NOT overlook or ignore applicable federal and state filing and/or reporting requirements. Click Here for a Free Consult
Hedge Fund Compliance
Hedge funds are in danger of missing important compliance obligations if they do not stay on top of the sweeping U.S. law changes. Hedge funds trading any commodities, whether in the United States or elsewhere that have at least one U.S. investor, may be required to register as a commodity pool operator. Offshore hedge fund managers should not assume that they are exempt from SEC registration if they have U.S. investors. If you are a home based hedge fund manager, don't think you can avoid hedge fund compliance by remaining small. Click Here for a Hedge Fund Compliance Review
Our Customers I would like to state unequivocally that I have had a completely positive experience in dealing with Capital Management Services Group. Truly, from the first phone call that I made to Capital Management, to the conference call that was arranged with Hannah Terhune, the time she took in answering all of my questions, and, finally, to the follow-up by Amy Hong. My case involved the establishment of a Forex Incubator Fund, and was thoroughly handled. Hannah Terhune responded promptly to my subsequent phone calls and Amy Hong is absolutely 100% efficient. I, certainly, plan to enlist Capital Management's services for my legal needs in the future concerning fund management. I would rate my experience and results 5 out of 5 stars! Totally satisfied, Rxxxxxx Sxxxx, September 22, 2010
Hedge Fund & Trader Taxes, Fund Administration & Audits Investors and regulators see value in the appointment of a third-party administrator. We can handle the preparation of your fund level accounting and annual income tax return filings with Schedule K-1s for a low fee. Our work product includes detailed NAVs, performance records, brokerage statement reconciliation, and much more. Click Here to See Sample Hedge FundClient Statements, Monthly Management and Institutional Reports.
Wondering about the mark-to-market election? Only someone who qualifies as an active securities trader can elect MTM treatment. Although the MTM election can be made in a year in which you qualify as an active trader, the MTM election once made applies to subsequent years whether or not you are an active trader in later years. Learn More About Mark-to-Market Election
Recently the U.S. Treasury proposed regulations to implement the Foreign Account Tax Compliance Act, or FATCA. We offer FATCA compliance services for offshore hedge funds. Learn More About FATCA Compliance
U.S. Company Formations The United States is the top tax haven in the world. We provide company formation and registered agent and registered office services in Wyoming, Florida and Delaware, both of which are ranked in the top 10 U.S. states considered best for business. Anyone starting a business anywhere in the world should consider setting up a U.S. limited liability company in Delaware. Contact Us for a Free Consult There are good reasons for incorporating in Delaware, Wyoming or Florida. Click Here to Learn More
Hedge Fund Sales, Raising Capital & Hedge Fund Advertising The JOBS Act, signed on April 5, 2012, lifted the U.S. ban on hedge fund advertising for hedge fund's operated by U.S. fund managers registered with either the SEC or a state regulator. The decades-old restriction on how hedge funds can raise money is gone! Hedge fund managers can speak publicly about their hedge fund's strategies and performance and advertise normal channels. The Securities & Exchange Commission (SEC) will issue hedge fund marketing rules in the next few months. Learn More About Investment Adviser Registration Among the professional services we provide are practical ideas on how to find hedge fund investors and clients. Click Here to Sign Up for a Hedge Fund Marketing Consultation We can also show you how to use due diligence procedures to police and polish your own operations. Incorporate our free due diligence checklist into your hedge fund's development and operations. Learn More About Hedge Fund Sales
Leading Media Content on Hedge Funds and International Tax Planning Read instructive articles on hedge funds and international tax planning by Hannah Terhune, a leading hedge fund and international tax attorney. Her articles are widely published on the Internet and recommended by TheStreet.com and other respected media. Hannah's articles will advance your knowledge and understanding and have been embraced worldwide as a definitive and reliable source of critical information. Click Here for Articles on Hedge Funds and International Tax Planning After reading her articles, click here to learn more about our hedge fund development services and getting started.
Our Customers I wanted to thank you and your staff for the professional and timely services that you provided in setting up a CTA business. As an individual trader for almost 20 years I have a full grasp of markets but had very little knowledge in setting up a trading business for clients. Everyone at your firm was extremely friendlyand helpful in giving me guidance in this new startup. Your prices were fair and while I looked at different firms to handle the process yours was head and shoulders above the rest. Thanks so much, Sxxx Sxxxr Managing Partner Sxxxxx Capital Management LLC June 18, 2010
Why Hire Us? We advise individuals on hedge fund startups worldwide. We are experts on investment adviser law, hedge fund law and forex and managed futures fund law. We handle state investment adviser registrations, SEC investment adviser registrations, U.S. hedge fund formations, foreign hedge fund formations, forex fund startups, managed futures fund startups, commodity pool formations, NFA registrations, international hedge fund formations, and investment manager registrations in many countries.
More Reasons to Hire Us When you engage us for hedge fund you get a unique combination of securities, tax, and international experience, focused on the trader niche. We have established a leadership position with traders. We are one destination for all your very special hedge fund and trader tax needs. We think we have the best set of offering documents based on the current and ever changing federal, state and offshore securities, commodities, and tax laws. We aim and deliver quick turnaround times, because we understand that our customers want to begin their money management business as soon as possible. We conceive, structure, and deploy the best tax saving strategies into your hedge fund vehicle (for the benefit of the manager and their investors) and your management company. Investors value tax-savings strategies and we utilize all our special knowledge and ideas in this area. Our customers value our one-stop relationship. We will help you start your business and continue to assist you. Our tax services division handles accounting, software, and tax compliance, including all tax matters (tax planning and tax returns). Only one thing counts with us and that's our customer relationships!
CapitalManagementServicesGroup.com is recognized by discriminating fund managers and businessmen as being the foremost tax and legal authority in the business. Attorney Hannah Terhune's education and experience are unsurpassed in the area of hedge funds creation and management platforms, and the complex body of related tax laws. Ms. Terhune's extensive knowledge and experience have made her an indispensable resource for serious hedge fund and business professionals. Ms. Terhune's articles on the subjects have appeared in over 100 publications worldwide. Chances are, if you have read about the above matters, Ms. Terhune has written about them.
Give us the opportunity to use that knowledge and experience for you. We have both regulatory experience and the understanding of the foreign exchange and securities markets. We know how to navigate the compliance with rules and regulations in the United States as well as in regulated jurisdictions such as United Kingdom, Singapore, Hong Kong, Canada and the British Virgin Islands. Each client receives personalized attention from our attorneys and staff. No client is too large or small though because of our boutique size. We pride ourselves in providing personal attention to each client.
CMSG provides the best services and support needed for hedge funds and business projects. No need to coordinate work between different firms--we handle the entire business process from start to finish. We offer accounting, tax planning services, tax return preparation, business consulting, and U.S. and international company formation services. Our professionals provide the highest quality services at competitive rates. But don't take our word for it, give us a call and let us prove what we can do for you. Read our Leading Media Articles, Customer Testimonials and learn more About Us.
Personal Consultations You get answers to your specific questions by speaking directly to Hannah Terhune, an experienced hedge fund and international tax attorney. Ms. Terhune's hard-earned knowledge and experience can be put to work to save you unnecessary steps and costly wasted effort. The consult is an invaluable opportunity to speak to Hannah one-on-one, and learn how to achieve more in less time. As a result, you can anticipate that the return on your investment will far outweigh the costs associated with our unsurpassed services. Ms. Terhune's credentials reflect an invaluable resource that combines a well-informed professional practitioner with sound ethical judgment that cannot be over-estimated. The expertise required to recommend best solutions and provide sound advice should never be taken lightly. We are confident that when you are finished with your consultation, you will be impressed and more informed about your business plans than ever before. Call (307) 213-4732 or Click Here to Request Services. Our Commitment Henry David Thoreau wrote: "Do not hire a man who works for money, but him who does it for love of it." We are committed to your business plans and bringing you the best possible options. We are an established and internationally recognized business that serves and educates our clients throughout the industry. We do this by striving for the best results. Above all, we are a law firm. A lawyer is a philosopher and role model. The ability to improve our clients' lives is a privilege that we do not take lightly. There is tremendous power in being able to effect a positive change in our clients' lives. Our aim is to welcome our clients and to provide a comfortable, warm environment for all. Thanks for visiting our website. We hope to have the opportunity to serve you.
