The definition of securities dealers is expending to include hedge funds, and they don't like it.
In the new definition, you become a dealer
- if you are often on both side of the market, or earn revenue from bid-ask spreads, or capture incentives from venues,
- unless you have less than $50m in assets, or are a mutual fund, a central bank, a sovereign or an internation financial institution.
That very much looks like a definition made for market-making firms!
As a result, you must register to the SEC, affiliate to a SRO and comply with all federal rules & regulations.
“These measures are common sense,” SEC Chair Gary Gensler. “Congress did not intend for registration and regulatory requirements to apply to some dealers and not to others.”
Industry groups are already complaining of increased costs, reduction of liquidity, bad timing (the US government is borrowing), their loss of access to IPOs, their unfair teratment (vs mutual funds)...
This new rule adds to new regulations for investor disclosures, short selling and activist investments.
A previous version of the rule would have included 16 private funds (the hedge funds that do not have to register). This new version would include 43 of them, so the SEC is also putting oversights onto the least regulated part of teh alternative industry.
#HedgeFunds #PrivateFunds #MarketMaking #Bonds #Govies #FinancialMarkets #Regulation
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The WSJ has a good article too: