Hedge Funds May Have to Wait To Advertise

Despite the passage of the JOBS Act, hedge funds who trade commodities or derivatives may not be able to market to the public yet.

Hedge funds that may be gearing up to start advertising in mid-September, when the Securities and Exchange Commission’s 60-day comment period on the JOBS Act expires, may have to wait even longer.

Even though the JOBS Act has lifted the ban on solicitation by private investment firms, including hedge funds, lawyers say that unless the Commodity Futures Trading Commission takes action, funds that trade commodity interests may not be able to advertise if their commodity pool operators rely on certain exemptions from registration or other CFTC requirements.

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