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Washington Ponders Wall Street
Portfolio
July 11, 2007
Wall Street was the talk of the day on Capitol Hill on Wednesday,
as separate Congressional hearings examined the way taxes are collected
and risk monitored at hedge funds and private equity firms.
The bad news first: a unanimous vote by the Securities and Exchange
Commission to strengthen anti-fraud measures ought to make money
managers even more guarded with their comments than they already
are. Once adopted, the new legislation will protect investors from
misleading or fraudulent statements made by financial advisors working
within hedge funds, private equity funds, venture capital funds
and mutual funds.
The S.E.C. first attempted to tighten the reins on the largely
unregulated industry last year, but that effort was foiled when
a federal court overturned a requirement that hedge fund advisors
register with the S.E.C.
Today's ruling makes crystal clear the S.E.C.'s powers of enforcement
over advisors who defraud investors, through actions such as false
account statements, or misleading reports of fund activity.
And the S.E.C. will vote soon on a proposal even more irksome to
hedge fund and private equity managers: legislation that would demand
higher minimum investments for investors putting money in their
funds in an effort to ensure that individuals have sufficient financial
savvy to play in the high-stakes financial vehicle.
Meanwhile, both the House and Senate were abuzz today with discussions
of private equity and hedge funds.
After a hearing before the House Financial Services Committee,
Representative Barney Frank (Democrat, Massachusetts) unveiled another
bill to help protect investors in the wild world of hedge funds
and private equity. Frank announced plans to draft legislation that
would require hedge funds to keep copies of documents including
trading data and email exchanges for the purpose of insider trading
enforcement. He also said he plans to examine more closely the role
played by credit rating agencies in the collapse of funds linked
to subprime mortgages.
But there was a bright spot for investment managers over on the
Senate side of the Capitol. At a tax policy hearing held before
the Senate Finance Committee, Eric Solomon, the Treasury Assistant
Secretary for Tax Policy, cautioned the committee about the risks
of proposed changes to the tax treatment of private equity funds
and hedge funds.
While Solomon didn't go as far as to say that the Treasury was
opposed to changes in tax law, he made it very clear that he considered
the current system beneficial for business and the economy as a
whole, and advised extreme caution in making changes to tax laws
that were originally put in place to "promote and support entrepreneurship,"
Congressional Budget Office Director Peter Orszag and Kate Mitchell,
managing director at Scale Venture Partners, also testified to the
same effect.
Lately, lawmakers have been scrutinizing the tax structure in place
for investment firms and their managers, who are currently able
to count compensation paid in the form of carried interest as capital
gains. That cuts their tax burden from the 35 percent levied on
regular income to a much lower 15 percent rate.
Finance Committee Chairman Max Baucus (Democrat, Montana) and ranking
member Charles Grassley (Republican, Iowa) introduced legislation
last month which would subject publicly traded hedge funds and private
equity firms to the higher tax rate, and lawmakers in the House
have further proposals in the works.
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