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Can the government change the rules of the game?

What Tim Geithner is attempting is ambitious to say the least: To change the very rules by which Wall Street plays, essentially creating a whole new Wall Street. He's making a lot of sense--calling for rules to be applied according to function, not from legal forms--but as always the devil will be in the details, which he said will be forthcoming over the next few weeks. There's lots of partisan skeptics of course, but the ambition is refreshing.

He's taking aim at regulating entities that at this point are not able to be regulated. We're talking about the likes of hedge funds, insurance companies that plunged into the CDS market and private equity funds. They would have to register, disclose information about leverage among other things and subject themselves to a risk regulator. Of course, hedge fund registration has been tried before; it failed. Again, it's too early to judge, but many will agree the old order must be blown away.  

For more:
- here's a New York Times overview

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It’s no secret that hedge funds are waiting anxiously for the outcome of new regulations. But market restructuring has caused a major shift of influence from the manager to the investor. Investors are demanding more transparency. In this post-Madoff era, successful hedge fund managers need to start proactively addressing these demands to not only prepare for new regulations, but also increase investor confidence and help attract additional funding.

Many hedge funds have operational weaknesses, and enlightened fund managers know that to counter them will provide reassurance to investors. To cope with increasingly complex reporting requirements (and anticipated growth), it would be a good idea for hedge funds to re-examine their operations to satisfy clients and regulators in a cost-effective manner. One often overlooked benefit is that having lagged behind in regulation scrutiny, hedge funds can now benefit from in-house or outsourced solutions that have been tried and tested at institutions that have already run the regulatory gauntlet.

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