Hedge funds increase use of 'side pocket' investments
By Jeff Benjamin
InvestmentNews.com
December 12, 2005
DETROIT - Side-pocket investments - which can add hidden risk to
portfolios - are gaining popularity among hedge fund managers as the
industry pushes further into the private-equity space in search of
alpha.
Hedge fund managers typically will create a side pocket that
is separate from the rest of the fund to hold illiquid and
difficult-to-price assets, such as stakes in privately held
companies.
Due to the opaque nature of the
industry, it would be difficult to say exactly how many of the estimated
8,000 hedge funds use side pockets, but industry sources said that it is
on the rise. In some cases, side-pocket investments represent as much as
30% of a fund's portfolio, according to published reports.
"Side pockets are kind of misunderstood, and still largely a private topic, but it's definitely becoming more prevalent," said Joseph Omansky, founder of Sky Fund LLC, an East Brunswick, N.J.-based hedge fund research firm.
"The hedge fund industry likes to keep them private, because
it gives them more flexibility to exclude or include certain investments
when calculating their net asset value," he added.
"It's a recipe for
fraud, which is why it's important for investors to know what portion of a
fund is being self-priced or placed in a side pocket."
Major
concern
Although representatives from across the $1 trillion
hedge fund industry have expressed a range of views on the use of side
pockets by portfolio managers, it is a virtually unanimous belief that the
onus is on investors to know when and how the management strategy is being
applied.
"The investor needs to know exactly what he's getting
into, and if the information [regarding side pockets] is vague, the
investor either needs to feel comfortable with that or go elsewhere," said
Raymond Higgins, chief executive of Higgins Capital Management Inc. in La
Jolla, Calif.
A major concern is that because the assets held in
the side pocket are usually excluded from a hedge fund's monthly or
quarterly performance calculations, the investors could be getting an
incomplete or inaccurate picture of performance.
Mr. Higgins, who
advises clients on hedge fund investing strategies, acknowledged the
potential for fraud when it comes to the use of side pockets but pointed
out that it is all part of investing in alternative strategies.
"If
you want the full transparency and liquidity of a mutual fund, you should
buy a mutual fund," he said. "But investors who turn to the alternative
space want something different, and that means the rules of the game are
different."
The Securities and Exchange Commission studied the use
of side pockets by hedge fund managers in 2001 as part of a comprehensive
evaluation of the hedge fund industry.
The SEC's research laid the
foundation for the rule that requires most hedge fund managers to register
as investment advisers, beginning in February.
"Side pockets exist,
and they have a legitimate reason to exist," said Robert Plaze, associate
director of the SEC's division of investment management. "We don't see all
the assets, but it seems as more hedge fund managers move into private
equity, there are more side pockets."
While Mr. Plaze acknowledged
the potential for a manager to hide poorly performing assets in a side
pocket in order to avoid the drag on performance fees, he also believes
that side pockets can protect investors.
For example, he said, by
establishing a side pocket to hold illiquid assets, the hedge fund
partnership ensures that all investors are equally exposed to the entire
portfolio.
"In a sense, the side pockets prevent investors who are
exiting the fund first from taking all the liquid assets and leaving the
illiquid assets," Mr. Plaze said.
Much of the recent hoopla with
regard to side pockets is driven by the hedge fund industry's migration
into private equity, which quickly is being accepted as part of the
industry's evolution.
The trend toward private-equity investing is
being driven by a perfect storm of events, according to Charles Gradante,
managing principal of Hennessee Hedge Fund Advisory Group LLC in New
York.
"A lot of small, private companies are underfunded, and they
need financing, and they can't get it from commercial banking and
investment banking," he said. "In the traditional channels, the standards
[for private-equity investing] have been elevated, and that has left a
whole sector of companies without financing."
This increased demand
is coupled with the pursuit of performance in an increasingly crowded
hedge fund marketplace, Mr. Gradante said.
Regardless of the
direction of the industry, some investors don't want any part of managers'
using side pockets.
"We don't deal with hedge funds that use side
pockets, because there are multiple problems," said Joseph Nicholas,
chairman and chief executive of HFR Asset Management LLC, a $4 billion
hedge fund investing platform based in Chicago.
"When hedge funds
use side pockets, you don't get the true picture of the investment," he
added. "If investors fully understand what they're getting into, there's
nothing wrong with side pockets, but if you see a good track record and
quarterly liquidity in a fund with a side pocket, you might find out you
can't actually get out when you want to, and the performance doesn't
include the side pocket."
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Side pockets are kind of misunderstood, and still largely a private topic, but it's definitely becoming more prevalent, said Joseph Omansky, founder of Sky Fund LLC, an East Brunswick, N.J.-based hedge fund research firm.
The hedge fund industry likes to keep them private, because
it gives them more flexibility to exclude or include certain investments
when calculating their net asset value
It's a recipe for
fraud, which is why it's important for investors to know what portion of a
fund is being self-priced or placed in a side pocket.
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