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Draft EU law on hedge funds needs rewriting, says association

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Published 25 May 2009, updated 23 December 2011

The European Commission's draft directive on hedge fund regulation is potentially ambiguous and needs to be rewritten, an industry body said on Friday (22 May).

"The particular problem with the draft directive [...] is that it is written in such an unclear way that it is open to ambiguous interpretation," said the Alternative Investment Management Association (AIMA). 

"Implementation in its current form could prove to be unworkable. It also appears to be in conflict with existing financial services directives," said AIMA, which represents more than 1,200 hedge fund firms worldwide. 

The industry group has already attacked the EU's regulatory drive and said last month it was frustrated by the "baffling" volume of political rhetoric relating to hedge funds. 

The European Commission's proposals would make it mandatory for hedge funds to register and disclose information on leverage to supervisors if they want to operate in the European Union. 

AIMA said it would oppose any measure that in its eyes would be punitive, reduce competitiveness and increase unemployment. "It is extraordinary that at a time of economic crisis, the Commission is contemplating putting jobs at risk and hitting investors and thus investment," it said. 

"Much of the directive is unnecessary and by creating an extra layer of bureaucracy imposes significant burdens and costs without adding value." 

(EurActiv with Reuters.)

Background: 

On 29 April, the European Commission proposed a mild set of rules for hedge funds and private equity firms, requiring mandatory registration and disclosure of their activities to regulators, while at the same time easing their access to European markets. 

The main regulatory component of the proposed legislation is an obligation for EU-based managers of so-called 'alternative investment funds' to register and disclose their activities, in order to improve supervision and avoid systemic risks. 

The obligations are not applied to the funds themselves, but only to their managers, who are seen as responsible for key decisions. However, critics said that the exemption of funds from the proposed new regulation will leave hedge funds and private equity free to develop their investment policies, despite the fact that their risk-prone attitudes have been strongly criticised during the current financial crisis. 

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