About the Hedge Fund State Regulation Guide

Regulation of investment companies and hedge funds are not handled by state securities laws, however states may indirectly regulate the funds through regulating the sale of interests in hedge funds.

If a hedge fund chooses not to register with the SEC they may be exempt from state regulatory requirements.

In this guide we hope to outline the hedge fund regulations in each state and provide as much information and as many online resources as possible for each state.

Georgia: Hedge Fund Regulations

Out Of State Regulations:
GA. Code Ann. §10-5-3(b)(2): "Any investment adviser… who during the course of the preceding 12 months has had fewer than six clients in this state" is not subject to the subsection which requires registration.

In State Regulations:
A hedge fund might qualify for an exemption, depending on the kind of business they are involved in. Examiner suggested requesting a no-action letter.

Comments on this regulation:
Exemption based on an exemption to the registration requirements. Still may be subject to other rules applying to investment advisers. See also Ga. Comp. R. & Regs. 90-4-8.12 for definition of "Client" of an investment adviser. Note: There is a performance-based compensation prohibition, the exemptions are outlined at Ga. Comp. R. & Regs. 590-4-8.13 Performance Based Compensation Exemption. Georgia Securities and Business Regulation

State Regulations Website:
Click to view


Hedge Fund News from Georgia:

Ex-Morgan Stanley Exec. Launches Georgia Hedge Fund Advisory Company


Hedge fund and alternative investment advisory company, Tru/Alpha Capital Advisors (TACA), is being launched to specialize in international alternative markets, advising institutional and corporate clients, as well as high-net worth individuals.

Based in Midtown Atlanta, Georgia, TACA is headed by Harvard-graduate and past Morgan Stanley executive Monty Bruell. Mixing its full-scale advisory expertise and network of reputable partners, TACA’s team brings years of experience, credentials and proven performance in the alternative and International investment marketplace.

The company is one of few African-American owned wealth and asset management companies in the southeast.

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