Inhaltsverzeichnis
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I. Introduction
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II. Preliminary remarks on HF and the economic crisis
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A. What is a HF?
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B. Do HF provide benefits to the Financial Markets?
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C. Have HF contributed to the economic crisis?
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D. Do HF pose systemic risks?
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III. General risks related to HF Regulation
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A. Aim of the Regulator
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B. Specificities Related to HF
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IV. Current Regulatory Framework
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A. USA
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B. Securities Act of 1933 («Securities Act»)
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1. Securities Exchange Act of 1934
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2. ERISA
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3. Investment Company Act of 1940
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4. Investment Advisers Act of 1940
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5. Regulation as Market Participants
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6. Proposed Hedge Fund Registration Bill
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C. EU
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1. EU – Legislation
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2. UK – Legislation
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V. Diverse proposals up to date
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A. G20
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B. Treasury Secretary Geithner’s Proposal
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C. EU
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D. Consequences of the EU Directive for HF Managers based in Switzerland
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VI. Proposed Regulatory Framework
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A. Introduction
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B. Detailed Rules
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1. Notice to FINMA in connection with an Opt-out
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2. Regulation Applicable to Registered Hedge Funds
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a) Disclosure
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b) Valuation
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c) Risk Management
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d) Conflicts of Interest
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e) Market Abuse
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3. Systemic Supervision by an Authority to be Defined
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VII. Conclusion