Welcome to Insights, where we delve into the evolving legal landscape of private investment funds, offering practical guidance to help fund managers and investors navigate today’s complex environment. Insights serves as a valuable resource for exploring current industry trends, key regulatory updates, and practical tools, designed to address the unique challenges faced by stakeholders in the private investment funds sector. Some of our posts will provide introductory insights, while others will delve into complex emerging legal issues.
Explore our posts for insights into critical topics such as fund marketing rules, fund governance, and liquidity management—all curated to empower your decision-making.
Disclaimer: The content provided here is for informational purposes only and does not constitute legal or tax advice. Readers should consult with a qualified legal or tax advisor to address specific legal concerns or questions.
Hypothetical Performance
Hypothetical performance can be a powerful tool in fund marketing, offering investors a glimpse into how a strategy might perform under specific scenarios. However, the use of hypothetical performance data is heavily scrutinized by regulators, particularly the SEC, to prevent misleading claims and ensure investor protection. In this post, we’ll explore what constitutes hypothetical performance, the rules governing its use, and best practices for compliance.