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Hedge Funds Explained

Offshore Hedge Funds

Forex/Futures/Commodities

Forex Trading

Investment Advisers

SEC Form D & Blue Sky

Mark to Market Election

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Offering Advice & Services to Traders | Investors | Funds

Our Customers
We interviewed several firms in regards to creating a incubator fund for our firm, after an exhaustive interview process we were most impressed with Hannah and her team.  Hannah under promised and over delivered, our documents were created and filed in an incredibly timely and cost effective manner.  We will undoubtedly continue to work with Hannah and her team in the future as they have proven to be an valuable asset to our firm.  Txxxxx Xxxxxn May 09, 2012

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Incubator Hedge Funds
In the United States, the incubator hedge fund is established with two companies—the hedge fund and its investment manager.  Free Hedge Fund Business Planning Checklist   In many other countries, a hedge fund incubator can be established with one company and the investment manager can be established at a later date.  Contact Us for a Free Consult   The key difference between a full-fledged hedge fund and an incubator hedge fund is the ability to charge performance and management fees and the availability of offering documents.  Learn More About Hedge Fund Offering Documents    Does your incubator fund already have a solid trading history and good track record?  Learn More About Hedge Fund Performance Reports  We create the financial statements and hedge fund offering documents you need to raise capital and attract investors to your hedge fund.  Learn More About Incubator Hedge Funds

Hedge Funds
Starting a hedge fund to manage your or customer money is good business.  Learn More About Starting a Hedge Fund or Learn More About Incubator Hedge Funds  Interested in an offshore fund launch?  Learn More About Offshore Hedge Funds  The key difference between a full-fledge hedge fund and an incubator hedge fund is the availability of hedge fund offering documents and the ability to charge performance and management fees to investors.  Learn More About Hedge Fund Performance and Management Fees  Interested in setting up a forex fund or commodity pool? Learn More About Forex Funds and Commodity Pools
 
Hedge Fund Offering Documents
While there is no requirement in the United States that prospective investors in a private hedge fund be provided offering documents (unless they are non accredited investors), it is good and common industry practice to do so.  In other countries, the rules are different.   Learn More About Offering Documents  Writing your own offering documents and need a PPM document review? Contact Us for Assistance   When preparing your hedge fund's offering documents, be very certain of your performance and management fee calculations; perhaps let us review them for you.  Learn More About NAV Services and to See Sample Hedge Fund Performance Reports 

Our Customers
We would like to thank Hannah and the company for their invaluable help in forming our incubator hedge fund. They were extremely knowledgeable, efficient, and professional while working with us, and we are glad to have them as a vital resource as we grow our incubator hedge fund into a full-fledged one. Dale Angus, Golden Egg Capital Management LLC. March 28, 2012.

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Offshore Hedge Funds
The offshore incubator hedge fund is an excellent alternative to a full-fledged offshore hedge fund.  Learn More About Starting an Offshore Hedge Fund   The offshore incubator fund represents the deal approach to starting an offshore hedge fund and it is easily converted to a full-fledge hedge fund with offering document at any time.  Learn More About Hedge Fund Offering Documents  We are one of the leading hedge fund law firms assisting new hedge fund managers worldwide.  Contact Us for a Free Consult   
 
Offshore Unrelated Business Taxable Income (UBTI) Blocker Companies
Many hedge funds use corporations as unrelated business taxable income (UBTI) blockers for their investors to facilitate hedge fund investment.  Learn More About Hedge Fund Taxes and UBTI Blocker Companies  UBTI blocker companies are used to prevent U.S. tax-exempt organizations from recognizing UBTI and to prevent foreign investors from recognizing income that is effectively connected to a U.S. trade or business, and therefore taxable in the United States.  Hannah Terhune, a leading tax attorney, can help you with international tax planning and has published many international tax articles of interest to hedge fund managers. 

Investment Advisers and Hedge Fund Managers
In the United States, hedge fund managers are required to register as an investment adviser with either the Securities Exchange Commission (SEC) or its home state securities commission unless an exemption from investment adviser registration applies.  If you are based outside the United States but have U.S. customers, you may be required to register with the SEC.   In other countries, very similar registration rules exist.  Learn More About Investment Advisers Registration   Very narrow exemptions from SEC and state securities board investment adviser registration exist.  Learn About Investment Adviser Registration and Exemptions   U.S. fund managers of less $150 million assets under management who are exempt from state investment adviser registration, may have to file with the SEC as an Exempt Reporting Adviser.   Contact Us for assistance!  Real estate fund managers may be required to register as investment advisers.  The SEC and many states allow performance fees to be charged only to qualified clients. Need Help?  Contact US

Our Customers
Thank you - Money Science  Your explanation of how to start a hedge fund is so clearly stated and easily understood. This should be a chapter in a high school text book or at least minimum college reading.  I read it with interest in potentially starting my own hedge fund.  I fall within the scope of "Hedge Fund Incubator".  I know this article is a few years old but again well worth reading. I may seek your services and have since bookmarked your page.  Thank you again. Jxxx  Xxxxx  January 6, 2012

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Spot Forex, Managed Futures Trading and Commodities
If you trade spot forex, futures contracts, commodity options (including options on futures contracts), leveraged contracts involving certain precious metals, futures contracts and commodity options traded on a board of trade, foreign futures and foreign options and/or spot forex on behalf of a private customer or a hedge fund--you are a commodity trading adviser (CTA) and/or a commodity pool operator (CPO).  Learn More About Running a Commodity Pool  If you are based in the United States, or if you have U.S. customers, CFTC regulations require that you register with the U.S. National Futures Administration (NFA) and meet disclosure, record-keeping, reporting, and certain other requirements.  If you are not based in the United States or do not have U.S. customers, you do not need to worry about NFA registration.  Need Assistance?  Contact Us for a Consultation  Unless you operate as an exempt commodity pool, you need to register as a CTA and/or a CPO with the NFA, if you are based in the United States or have U.S. customers.  Learn More About NFA Registration  The NFA eliminated the Rule 4.13(a)(4) exemption--an exemption relied on by a substantial portion of the hedge fund industry.  Hedge fund managers operating commodity pools under Rule 4.13(a)(4) have until December 31, 2012 to register as commodity pool operators (unless they can avail themselves of another exemption).  Need Assistance?  Contact Us Today  To assist CPOs in the process of withdrawing a 4.13(a)(4) exemption and claiming another available exemption, NFA changed the Electronic Exemption System to give CPOs the ability to pre-file for an available exemption effective on January 1, 2013.  A CPO that elects to use the pre-filing option will not become subject to the additional reporting and disclosure requirements related to the newly claimed exemption until 2013.   The NFA exemptions must be renewed annually beginning in 2013.  Learn More About  Operating as CPO and a CTA  Trading spot forex?  CFTC regulations put spot forex advisers on equal footing with advisers trading on-exchange commodity future and option contracts.  If you are based in the United States, or if you have U.S. customers, CFTC regulations require that you register with the NFA and meet the disclosure, record-keeping, reporting, and other requirements.  Learn More About Operating a Forex Fund or Forex Managed Account Business

SEC Form D and State Blue Sky Filings for Hedge Funds
Hedge funds operating under to the Security and Exchange Commission's (SEC) Regulation D, must file Form D with the SEC annually.  The sale of a hedge fund an investor in any state triggers state reporting requirements for the hedge fund and these filing requirements and filing fees vary from state to state.  In some states, the hedge fund blue sky filing must be renewed annually.  Click Here to Learn More About Form D and State Blue Sky Filings  The SEC and state blue sky filings apply whether or not you are registered as an investment advisor, and even if your hedge fund trades forex or commodities.  DO NOT overlook or ignore applicable federal and state filing and/or reporting requirements.  Click Here for a Free Consult
 
Hedge Fund Compliance Services
Hedge funds are in danger of missing important compliance obligations if they do not stay on top of the sweeping U.S. law changes.  Hedge funds trading any commodities, whether in the United States or elsewhere that have at least one U.S. investor, may be required to register as a commodity pool operator.  Offshore hedge fund managers should not assume that they are exempt from SEC registration if they have U.S. investors.  If you are a home based hedge fund manager, don't think you can avoid hedge fund compliance by remaining small.  Contact Us for a Hedge Fund Compliance Review

Our Customers
Hannah Terhune and her associates have provided legal advice and services to me for over a year.  She provided initial guidance to help determine the kind of fund most suitable for my goals, created the legal documents that are the framework for my hedge-fund, and assisted with ADV submissions to register my company as an Investment Advisor.  I continue to rely on her for ongoing compliance issues in this complex and dynamic industry.  I found Ms Terhune and her associates to be extremely knowledgeable and helpful in a very responsive way, with friendly and professional manners.  Overall a very good experience. Highly recommended. Marty Cawthon ChipChat Technology Group

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Hedge Fund & Day Trader Taxes, Fund Administration & Audits
Investors and regulators see value in the appointment of a third-party administrator.  We can handle the preparation of your hedge fund's accounting and annual income tax return filings with Schedule K-1s for a low fee.  Our work product includes detailed NAVs, performance records, brokerage statement reconciliation, and much more.  Click Here to See Sample Hedge Fund Client Statements, Monthly Management and Institutional Reports.  
 
Mark to Mark to Market Accounting Election
One benefit of being a trader in securities is the ability to elect the Mark-to-Market (MTM) method of accounting.   The tax election is available to an active trader and not to an investor in securities.  The election is available for individuals and entities that file U.S. tax returns.  Need a Sample Mark-to-Market Election?  Contact Us  Note that a person or entity trading mainly in 1256 contracts typically would not want to make the MTM election because that person would lose the 60% long-term capital gain treatment available for futures trading subject to the 1256/commodities tax rules  Learn More About Mark-to-Market Election
 
Foreign Account Tax Compliance Act (FATCA) Compliance Services
We offer Foreign Account Tax Compliance Act (FATCA) compliance services for offshore hedge funds that need it.  Not all foreign hedge fund needs FATCA support.  Learn More About FATCA Compliance

U.S. Company Formations
The United States is the top tax haven in the world.   We provide company formation and registered agent and registered office services in Wyoming, Florida and Delaware, both of which are ranked in the top 10 U.S. states considered best for business.  Anyone starting a business anywhere in the world should consider setting up a U.S. limited liability company in Delaware. Contact Us for a Free Consult  There are good reasons for incorporating in the United States.
 
Delaware Resident Agent/Registered Office Services
Let us set up your Delaware company for a very low price.  Our resident agent and registered office services are the best in Delaware;  you will receive your U.S. mail if you select us.  Our sister company, Capital Services Group, LLC is located in Delaware and is fully staffed.  Many of our competitors do not forward mail timely; they just let it sit in their mail room.  Your company mail receives our immediate attention!  Click Here to Learn More 

Our Customers
I would like to state unequivocally that I have had a completely positive experience in dealing with Capital Management Services Group. Truly, from the first phone call that I made to Capital Management, to the conference call that was arranged with Hannah Terhune, the time she took in answering all of my questions, and, finally, to the follow-up by Amy Hong.  My case involved the establishment of a Forex Incubator Fund, and was thoroughly handled. Hannah Terhune responded promptly to my subsequent phone calls and Amy Hong is absolutely 100% efficient. I, certainly, plan to enlist Capital Management's services for my legal needs in the future concerning fund management. I would rate my experience and results 5 out of 5 stars! Totally satisfied, Rxxxxxx Sxxxx, September 22, 2010

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Hedge Fund Advertising
The JOBS Act, signed on April 5, 2012, lifted the U.S. ban on hedge fund advertising for hedge fund's operated by U.S. fund managers registered with either the SEC or a state regulator.  The decades-old restriction on how hedge funds can raise money is gone!  Hedge fund managers can speak publicly about their hedge fund's strategies and performance and advertise normal channels.  However, you must be a registered investment adviser in order to publicly market your hedge fund.  Learn More About Investment Adviser Registration 
 
Hedge Fund Sales and Raising Capital
Among the professional services we provide are practical ideas on how to find hedge fund investors and clients.  Click Here to Sign Up for a Hedge Fund Marketing Consultation   Make sure you have some type of proven track record before paying anyone to raise capital for you.  Learn More About Creating a Performance Record 
 
We can also show you how to use due diligence procedures to police and polish your own operations.  Incorporate our free due diligence checklist into your hedge fund's development and operations. Learn More About Hedge Fund Sales 

Leading Media Content on Hedge Funds and International Tax Planning
Read helpful articles on hedge funds and international tax planning by Hannah Terhune, a leading hedge fund and international tax attorney.  Hannah Terhune's articles are widely published on the Internet and recommended by TheStreet.com and other respected media.   Hannah Terhune's articles will advance your knowledge and understanding and have been embraced worldwide as a definitive and reliable source of critical information.   Read Terhune Articles on Hedge Funds and International Tax Planning  After reading Hannah Terhune's articles, click here to learn more about our hedge fund development services and getting started.

Why Hire Us?
When you engage us for hedge fund you get a unique combination of securities, tax, and international experience, focused on the trader niche.  We have established a leadership position with traders.  We are one destination for all your very special hedge fund and trader tax needs.  We think we have the best set of offering documents based on the current and ever changing federal, state and offshore securities, commodities, and tax laws.  We aim and deliver quick turnaround times, because we understand that our customers want to begin their money management business as soon as possible.  We conceive, structure, and deploy the best tax saving strategies into your hedge fund vehicle (for the benefit of the manager and their investors) and your management company. Investors value tax-savings strategies and we utilize all our special knowledge and ideas in this area.  Our customers value our one-stop relationship.  We will help you start your business and continue to assist you.  Our tax services division handles accounting, software, and tax compliance, including all tax matters (tax planning and tax returns).  Only one thing counts with us and that's our customer relationships!

Our Customers
I wanted to thank you and your staff for the professional and timely services that you provided in setting up a CTA business.  As an individual trader for almost 20 years I have a full grasp of markets but had very little knowledge in setting up a trading business for clients.  Everyone at your firm was extremely friendly and helpful in giving me guidance in this new startup.  Your prices were fair and while I looked at different firms to handle the process yours was head and shoulders above the rest. Thanks so much,  Sxxx Sxxxr Managing Partner Sxxxxx Capital Management LLC  June 18, 2010

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CapitalManagementServicesGroup.com is recognized by discriminating fund managers and businessmen as being the foremost tax and legal authority in the business.  Attorney Hannah Terhune's education and experience are unsurpassed in the area of hedge funds creation and management platforms, and the complex body of related tax laws.  Ms. Terhune's extensive knowledge and experience have made her an indispensable resource for serious hedge fund and business professionals.  Ms. Terhune's articles on the subjects have appeared in over 100 publications worldwide.  Chances are, if you have read about the above matters, Ms. Terhune has written about them.
 
Give us the opportunity to use that knowledge and experience for you.  We have both regulatory experience and the understanding of the foreign exchange and securities markets.  We know how to navigate the compliance with rules and regulations in the United States as well as in regulated jurisdictions such as United Kingdom, Singapore, Hong Kong, Canada and the British Virgin Islands.  Each client receives personalized attention from our attorneys and staff.   No client is too large or small though because of our boutique size.  We pride ourselves in providing personal attention to each client.
 
CMSG provides the best services and support needed for hedge funds and business projects.  No need to coordinate work between different firms--we handle the entire business process from start to finish.  We offer accounting, tax planning services, tax return preparation, business consulting, and U.S. and international company formation services.  Our professionals provide the highest quality services at  competitive rates.  But don't take our word for it, give us a call and let us prove what we can do for you. Read our Leading Media Articles, Customer Testimonials and learn more About Us.

Personal Consultations  You get answers to your specific questions by speaking directly to Hannah Terhune, an experienced hedge fund and international tax attorney.  Ms. Terhune's hard-earned knowledge and experience can be put to work to save you unnecessary steps and costly wasted effort.  The consult is an invaluable opportunity to speak to Hannah one-on-one, and learn how to achieve more in less time.  As a result, you can anticipate that the return on your investment will far outweigh the costs associated with our unsurpassed services.   Ms. Terhune's credentials reflect an invaluable resource that combines a well-informed professional practitioner with sound ethical judgment that cannot be over-estimated.  The expertise required to recommend best solutions and provide sound advice should never be taken lightly.  We are confident that when you are finished with your consultation, you will be impressed and more informed about your business plans than ever before. Call (307) 213-4732 or Click Here to Request Services.

Our Commitment 
Henry David Thoreau wrote:  "Do not hire a man who works for money, but him who does it for love of it."  We are committed to your business plans and bringing you the best possible options.  We are an established and internationally recognized business that serves and educates our clients throughout the industry.  We do this by striving for the best results.  Above all, we are a law firm.  A lawyer is a philosopher and role model.  The ability to improve our clients' lives is a privilege that we do not take lightly.  There is tremendous power in being able to effect a positive change in our clients' lives.  Our aim is to welcome our clients and to provide a comfortable, warm environment for all.  Thanks for visiting our website.  We hope to have the opportunity to serve you. 

Website content and design are copyrighted 2001-2012 © by Hannah M. Terhune and all rights are reserved.  This web site is designed for general information only.  The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship.  

Call (307) 213-4732 or Email hterhune@CapitalManagementServicesGroup.com