Smoke and Mirrors: The Bend Some and Hedges Effect
Hedge fund structures
In truth, the risk hedge funds present to the operation of the market
economy’s financial system isn’t solely because of
what they do, though
it is true enough that regulated investment vehicles like unit trusts
and investment trusts are legally unable to adopt many of the
strategies hedge funds use. The main issue with hedge funds, exposed
once and for all by the Madoff scandal, is that they are largely
unregulated entities for the secretive and super-rich, and as such are
open to all sorts of abuses, attempting to bend the investment
‘rules’
at will under the guise of innovative practice.
Most hedge funds are restricted to investors – who on
investing usually
become limited partners – with at least $1,000,000 (excluding
their
main residence), i.e. they are for capitalists only. They are also
limited in terms of the number of investors who are allowed to join the
fund. This is to avoid the restrictions and regulations placed by
governments on other investment vehicles designed for mass
participation and has been a way for hedge funds to slip
‘under the
radar’ of the regulators. Most hedge funds –
registered offshore for
tax reasons and run as private investment partnerships – are
covered by
little in the way of investor protection and are barred from
advertising or being sold to retail investors. Aside from withdrawing
their investments (there are often restrictions on this too) hedge fund
investors have little practical control over the managers, usually even
less so than other collective investment vehicles like investment
trusts which have shareholders and an elected board of directors
answerable to them and which have to issue transparent annual reports,
regular trading updates and so on.
The basic hedge fund structure appears to have changed little since
they first appeared in the early 1950s, having been pioneered
principally by Alfred Winslow Jones in the US, though many others
–
such as Warren Buffett before he developed his huge publicly quoted
Berkshire Hathaway investment vehicle – established
comparable private
funds at a similar time. Annual management fees are high, typically 1
or 2 per cent of capital under management, with another 20 per cent of
annual returns over and above an agreed threshold, explaining why in
recent years many high-flying fund managers working for the big
investment banks have been so keen to leave and set up their own hedge
funds.
The role of hedge funds
Hedge funds, like private equity, have emerged in the present economic
crisis as some of the ‘bad guys’ of the financial
world, almost as if a
capitalism without them would somehow be sane and humanitarian. Small
investors in retail banks in the UK that have had to be nationalised or
merged railed last year against the hedge funds for shorting bank
stocks, driving their prices ever lower. It was clear that this would
have happened anyway though as was illustrated when the share price
slides didn’t stop when the shorting of financial shares was
prohibited
by government order.
There is always a place in capitalism for scapegoats, especially those
as rich as most hedge fund managers have been (and as unpleasant as
some of them no doubt are). But this detracts from the real issue which
is the instability and chaos that lies at the heart of the
money/prices/profits system itself. Capitalism without hedge funds is
just as brutish and nasty as capitalism with them – and the
irony is
that if you accept the rationale of the capitalist economy, hedge funds
and other speculators, contrary to much popular opinion, play a useful
role.
Capitalism’s financial markets are the lubrication for the
entire
capitalist economy. These markets depend on liquidity and frequent
trading to accurately match buyers and sellers at any one moment in
time. If trading is thin, this matching of trades becomes difficult if
not impossible, whether in shares, bonds, commodities, or more complex
financial instruments. If, for example, shareholders investing via the
stock market all used a ‘buy and hold’ strategy and
didn’t generally
sell their shares for long periods after buying them, the equity
markets would be stifled and trading difficult. This is why hedge funds
and speculators more generally perform a useful role for the system
–
they are one of the main ways of ensuring sufficient liquidity for it
to be able to function properly.
Their growth in size and influence, especially in the last 15-20 years,
has been phenomenal, explained by their potential attractiveness to
capitalist investors aiming for a steady but above average return, and
their attractiveness to fund managers because of their flexibility and
fee structures. The number of hedge funds in existence now runs into
the thousands, with London’s Mayfair being nick-named
‘hedge fund
alley’. According to the Financial Times (31st December),
hedge fund
assets under management have grown from less than $50 billion in 1990
to around $1,900 billion last year, making them a hugely significant
economic force.
The current financial turmoil, however, has seen the biggest outflow of
assets invested in hedge funds for decades, a sum estimated at $400-500
billion from January to November 2008. Lack of credit and high interest
rates have meant that a great many hedge funds have had to de-leverage,
reducing their debt as quickly as they can and selling their assets at
the best prices they can get in falling markets. And as investors
withdraw their money on the back of faltering returns, this has had the
knock-on effect of hedge funds also having to sell their assets to meet
redemptions, creating a vicious downward spiral for equity prices in
particular, called ‘forced selling’. This was the
cause of much (if not
most) of the massive waves of selling on world stock markets last
September and October, with quite unprecedented levels of market
volatility over a sustained period.
Due to this de-leveraging and forced selling at low prices, several
hedge funds have already gone bust and there will surely be more to
come. In addition, because they were so highly leveraged, the
unpredictable volatility in equity, bond and credit markets has ensured
that some funds have just folded under the onslaught, including some of
the macro and quant funds that should, in theory, have been able to
capitalize on these situations.
As hedge funds operate in such a competitive market, those that
don’t
perform get shut down or merged with others (so much so that around 60
per cent of hedge funds are no longer around within five years of their
inception). The financial crisis will almost certainly ensure that this
figure increases further. Also, there are already indications that
hedge funds will be the next target of the regulators and so it would
seem that the great hedge fund bonanza is over, at least for now.
As for Mr Madoff, he will have done the cause of hedge funds no good
either as their lack of transparency has been illustrated as starkly as
it could possibly have been. Many capitalists will no doubt now be
looking elsewhere to invest their wealth – so long as another
Mr Madoff
hasn’t made off with it first.
DAP |