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Wall Street Oasis » Blogs » SirTradesaLot's blog
< previous

Hedge funds vs. Mutual funds
 

SirTradesaLot's picture
SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 1/12/13 at 8:00am
hedge fund vs mutual fund.jpg

Many people here on WSO are obsessed with hedge funds and look upon the mutual fund industry with disdain.  However, I have seen a lot of misinformation out there on what mutual funds even do, so I wanted to layout the basics of both hedge funds and mutual funds and what makes them similar and what makes them different.  Also, I want to layout what some of the incentives are for some of the managers of these funds and how those incentives either align or don't with the investors.  I'm not a lawyer, so don't take this as legal advice.  This is just a general outline.

Back in the 1930's and before, pooled investment vehicles were not standardized which invited increased regulation which culminated with the Investment Advisers Act of 1940 and the Investment Company Act of 1940 (http://en.wikipedia.org/wiki/Investment_Company_Ac...).  The former defines the fiduciary responsibilities of investment advisers and the latter describes the regulations of '40 Act funds (mainly mutual funds).  Generally, both hedge fund and mutual fund managers need to be registered with the SEC as a Registered Investment Adviser.  A Registered Investment Adviser can run both hedge funds and mutual funds, if they so choose and many do.

There is no legal definition of a hedge fund
Most hedge funds are set up as either 3(c)1 or 3(c)7 limited partnerships.  The basic difference between these funds is that a 3(c)1 is limited to 99 investors and has an Accredited Investor standard (basically, $1 million net worth or $200,000 in income or $300,000 in income for a married couple) and a 3(c)7 fund allows for up to 499 investors and also has a Qualified Purchaser standard (basically a $5 million liquid net worth requirement and additional standards for institutional investors).  Most funds go for 3(c)7 status so they can maximize the number of investors.  

Whereas, in a mutual fund, basically anyone can own one.

Fees
As you all know, partnerships are allowed to charge virtually any type of fee they desire.  Most hedge funds are partnerships that have settled on a management fee and an incentive fee.  Mutual funds don't charge incentive fees.  As one might expect, this can have a significant impact on the behavior of these managers, sometimes in unexpected ways.

Incentives by fund type
Everyone knows that good performance attracts assets.  So, whether you are a hedge fund manager or a mutual fund manager, you seek to have good performance.

Incentives for mutual fund managers
Because mutual fund managers only receive a fee based on asset levels, the incentive is to gather as many assets as possible. This can be accomplished through strong performance, an effective sales force, differentiated offerings, advertising, brand, convenience, etc.

I'm not going to argue for or against EMH here, but one thing that is almost universally accepted is that a large asset base is the enemy of good performance.

Places like Morningstar rate the performance of mutual funds and make it easy to compare funds. The good or bad performance of a fund follows it for a long time. So, an incentive for a fund that has had good performance is to 'lock-in' that performance by becoming more like their index. One of the dirty little secrets of the mutual fund industry is that many fund companies will start a number of funds and manage them before making them available to the public. The reason this is important is because they can make available to the public only those funds which have strong performance. Once again, this good performance will help them attract assets and now they could become more index like and few investors will know because they will generally just see the longer track record.

This isn't to say that all fund companies do this, I am just laying out their financial incentives. An incentive for someone might also be to protect their reputation and if they have banked enough money, that may be more important to them than anything else.

Incentives for hedge fund managers
Because hedge fund managers receive both an asset based fee and a performance fee, their incentive is to find a balance between asset levels that they can continue to generate strong performance and a sufficient asset base to generate fees. For some funds, this level is relatively small, while for others it is virtually without limit.

In addition, most funds have a high water mark for performance. This means that if they have a bad year, they need to make up that ground before they can start earning an incentive fee again. The incentive here is not to take too much risk so as not to put your incentive fees at risk.

However, there are negatives to the incentives of hedge fund managers as well. The performance fee does present an element of heads I win, tails you lose, for the hedge fund manager. Let's assume there was a trade out there that had a 20% chance of gaining 1,000% and a 80% chance of losing 100%. A hedge fund manager might take this bet because if they lose, they just close shop; if they win, they earn 20% of the 1,000% (200%). One reason many investors ask hedge fund managers how much they have invested in their own funds is because they want to minimize this incentive to recklessly gamble with their money. However, you have seen enormous blow-ups in the hedge fund space (LTCM, Amaranth, etc.) that you just don't see in the mutual fund space, partially because of this incentive for hedge funds and partially because mutual funds don't really have the freedom to blow up like this because of their diversification requirements.

Summary of Incentives
While both types of managers have incentives that may not always be to their client's benefit, most people in the industry try to do the right thing. However, it's important to know their incentives, because whether it is conscious or not, bad incentives can negatively impact behavior, for at least some people.

Basic Description of Mutual Funds
Mutual funds are considered to be Registered Investment Companies (RICs).  These are registered funds that need to comply with certain rules to maintain their tax status and remain available to the general investing public.    There are several types of RICs:
1.  Open end funds:  these are the funds you are most likely familiar with.  You can buy or sell these funds at the close at the Net Asset Value (NAV: the net value of all assets of the fund divided by the shares outstanding).  Fidelity, Capital Guardian, T. Rowe Price are some examples of big fund companies.
Liquidity:  Daily at the close
Share pricing:  Trade at NAV with fund company
Leverage:  usually none

2.  Closed end Funds
Liquidity:  During market hours you can trade your shares on the secondary market.
Share pricing:  Done in the secondary market at the prevailing market price.  Shares often trade at significant discounts or premiums to NAV.
Leverage:  Most funds are levered, especially fixed income funds.  Leverage often comes by issuing preferred stock.
Special note:  Because the fund never really needs to meet redemptions, these funds can own can own illiquid investments.

Diversification Requirements:  Mutual Funds

http://www.bbdcpa.com/blog/internal-revenue-code-d...

Here are the two big diversification rules for mutual funds:

1.  The 50% Test:  For at least 50% of the assets, you can't have more than 5% of the fund's assets in any one issuer.  Exceptions are government securities and other RICs (usually money market funds, but could be another type of fund).

2.  The 25% Test:  No more than 25% of fund assets can be invested in one issuer (government securities exempted) or in publicly traded partnerships (usually MLPs).

Diversification Requirements:  Hedge Funds
There really is no restriction for hedge funds.

Other reading:
http://www.kirkland.com/siteFiles/Publications/8D0...

At most, I've covered the tip of the iceberg on this topic, so feel free to add your comments here.

Turbo leverage for capital explosion -- BD Capital My WSO Blog
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Tags:
  • RIC
  • mutual funds
  • hedge funds
  • 3(c)7

Comments

AndyLouis's picture

great info sirtrades, thanks

AndyLouis
     
 
 
(Senior Neanderthal, 5,819
 
Points)
 on 1/5/13 at 12:01pm

great info sirtrades, thanks

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kyleyboy's picture

Very informative, I never

kyleyboy
      HF
 
(Gorilla, 741
 
Points)
 on 1/5/13 at 12:36pm

Very informative, I never actually knew that 3(c)7's existed. I always thought the only option was a 3(c)1.

I help people with the tough situation of not knowing how to respond to emails.

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Hooked on LEAPS's picture

Awesome post.

Hooked on LEAPS
      ER
 
(Senior Gorilla, 773
 
Points)
 on 1/5/13 at 12:53pm

Awesome post.

You have your way. I have my way. As for the right way, the correct way, and the only way, it does not exist. - Friedrich Nietzsche

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huanleshalemei's picture

Great article, thank you Sir!

huanleshalemei
     
 
(Gorilla, 518
 
Points)
 on 1/5/13 at 1:31pm

Great article, thank you Sir! As generous as I can be, I will throw no more than 5K to the MF recommended by my friend and see if the fund will break its underperformance record in the new year.

The Auto Show

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bearcats's picture

Good info. However, what he

bearcats
      HF
 
 
(Orangutan, 271
 
Points)
 on 1/5/13 at 2:17pm

Good info. However, what he says only applies to US funds. Mutual funds overseas are governed by the local jurisdiction and not subject to 40 act.

For instance, SICAV funds marketed across borders in Europe under the UCITS directive have a lot of other restrictions that distinguish them from typical 40 act funds.

Also, hedge funds based out of Europe will be governed by AIFMD starting mid this year, which will add some restrictions as well.

Point is, both mutual funds and hedge funds are going through a lot of regulatory changes in various places.

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Viktri's picture

Fantastic, thanks for

Viktri
     
 
(Senior Monkey, 75
 
Points)
 on 1/5/13 at 2:29pm

Fantastic, thanks for sharing.

- V

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tangent style's picture

Thanks for following through

tangent style
     
 
(Baboon, 142
 
Points)
 on 1/5/13 at 3:08pm

Thanks for following through on that other thread and all the confusion there Sir. Would throw you an SB if I had one.

"Do not go gentle into that good night"

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Ricqles's picture

great post, would the OP mind

Ricqles
      O
 
 
(King Kong, 1,270
 
Points)
 on 1/5/13 at 3:31pm

great post, would the OP mind to add how to break into mutual funds from a hf background. Also, would be great to hear more about lifestyle, money and career progression, etc. Thanks

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SirTradesaLot's picture

bearcats: what he says only

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 1/5/13 at 4:04pm
bearcats:

what he says only applies to US funds.

That's a good point, thanks for bringing it up. Everything regulatory in this post is US only.

Turbo leverage for capital explosion -- BD Capital

My WSO Blog

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SirTradesaLot's picture

Ricqles: great post, would

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 1/7/13 at 7:19am
Ricqles:

great post, would the OP mind to add how to break into mutual funds from a hf background. Also, would be great to hear more about lifestyle, money and career progression, etc. Thanks

It probably depends on what kind of hedge fund you're coming from and what type of mutual fund you're going to and what position you have and you're seeking.

If you're coming from a L/S hedge fund, it should be easy to transition to an equity mutual fund. On the investment side, your day to day job will be very similar. Believe it or not, there are mutual funds that employ the following strategies:
- Long-short
- Merger arb
- Convert arb

There aren't a ton of them, but they exist. There are also plenty of go anywhere mutual funds that would probably take people from macro backgrounds. Global tactical allocation and global fixed income funds would probably look for people with macro backgrounds as well.

My old firm, which was a relatively large asset manager had both a centralized research group and a bunch of PM teams. The research analyst's pay ranged from about $250k to about $1 million, depending on experience and performance. The median was probably about $400-450k. The portfolio managers pay ranged from about $400k to $25+ million, mostly determined by assets and seniority on the team. The median was about $1 million. I know most people who give these estimates are usually just guessing, but I was in management there, so I would review the P&Ls, including comp for everyone on these teams/groups. So, these aren't my best guess, this is what was true at our firm a few years ago.

As far as lifestyle, the hours were usually about 8 am - 6 pm for most people; longer during earnings season. In other words, it was pretty sweet to be a PM there.

Career progression for most at our firm was not standardized at all. Many people came from research (either internally or externally) and then joined as a relatively junior PM. If they were good, they could either branch out on their own or wait for the old guy to retire. As you could imagine given the lifestyle, people didn't want to retire often.

Hope this helps.

Turbo leverage for capital explosion -- BD Capital

My WSO Blog

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whatwhatwhat's picture

would be good to expand on

whatwhatwhat
      HF
 
(King Kong, 1,400
 
Points)
 on 1/5/13 at 4:29pm

would be good to expand on the effects diversification requirements and relative vs absolute performance have on holdings

that to me and aum raising vs performance are the largest differences

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SirTradesaLot's picture

whatwhatwhat: would be good

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 1/5/13 at 4:37pm
whatwhatwhat:

would be good to expand on the effects diversification requirements and relative vs absolute performance have on holdings

that to me and aum raising vs performance are the largest differences

You want to take a stab at it? I would only note that not every mutual fund is relative performance focused, even though most are. There's nothing that requires them to be, it's really the consultants and Morningstar that cause most of them to be that way.

Turbo leverage for capital explosion -- BD Capital

My WSO Blog

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joblo1's picture

Interesting situation at a

joblo1
     
 
(Chimp, 14
 
Points)
 on 1/5/13 at 4:49pm

Interesting situation at a mutual fund i know of, they are not benchmarked and do not pay attention to any index weightings or performance. This is all fine and good but in marketing meetings with institutions the analysts on that side simply randomly pick their own benchmarks to compare it to, so while they say they are non-benchmark, from a fund raising perspective they are benchmarked, they just don't get to choose the benchmark! The institutions/consultants will acknowledge that it doesn't make sense but they will say that is the best they can do. It is truly idiotic but that's the way it goes. Being absolute return as a mutual fund can be quite odd while fund raising.

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PaulOwen's picture

Excellent post sirtrades!

PaulOwen
      AM
 
(Senior Baboon, 189
 
Points)
 on 1/5/13 at 4:56pm

Excellent post sirtrades!

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CAinPE's picture

Highly informative post,

CAinPE
      PE
 
(Baboon, 108
 
Points)
 on 1/6/13 at 3:35am

Highly informative post, thank you OP. But I'm curious regarding the prestige level at HF's vis a vis MF's. Why is it so difficult to get into HF's as compared to MF's; and why are most HF managers held in such high regard as compared to MF managers?

READ MY BLOG: http://www.bateman-begins.blogspot.com

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CAinPE's picture

[Double post]

CAinPE
      PE
 
(Baboon, 108
 
Points)
 on 1/6/13 at 3:35am
You must be signed in to read advice below.
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EvanM's picture

Great post, and some great

EvanM
     
 
(Monkey, 45
 
Points)
 on 1/6/13 at 3:50am

"When you stop striving for perfection, you might as well be dead."

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SirTradesaLot's picture

CAinPE: Highly informative

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 1/6/13 at 9:13am

Turbo leverage for capital explosion -- BD Capital

My WSO Blog

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lotsofquestions's picture

CAinPE, I think you are

lotsofquestions
      HF
 
(Monkey, 64
 
Points)
 on 1/6/13 at 8:50am
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pitbul13's picture

Hedge funds : Good for

pitbul13
     
 
(Senior Baboon, 201
 
Points)
 on 1/6/13 at 10:00am
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southbound23's picture

Great post, Sir. Appreciate

southbound23
     
 
(Senior Chimp, 16
 
Points)
 on 1/6/13 at 10:16am
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CAinPE's picture

SirTradesaLot: Probably you

CAinPE
      PE
 
(Baboon, 108
 
Points)
 on 1/6/13 at 12:20pm

READ MY BLOG: http://www.bateman-begins.blogspot.com

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CAinPE's picture

SirTradesaLot: I have a

CAinPE
      PE
 
(Baboon, 108
 
Points)
 on 1/6/13 at 12:27pm

READ MY BLOG: http://www.bateman-begins.blogspot.com

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Y2A's picture

What is the typical

Y2A
      IB
 
(Senior Monkey, 82
 
Points)
 on 1/7/13 at 7:47am
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SirTradesaLot's picture

Y2A: What is the typical

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 1/7/13 at 3:29pm

Turbo leverage for capital explosion -- BD Capital

My WSO Blog

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BeastMode's picture

Y2A: What is the typical

BeastMode
      AM
 
(Baboon, 163
 
Points)
 on 1/7/13 at 8:35pm
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diceclay's picture

There is a lot of money in

diceclay
      O
 
(Chimp, 9
 
Points)
 on 1/8/13 at 11:08am

Let me explain to you how this works: you see, the corporations finance Team America, and then Team America goes out...and the corporations sit there in their...in their corporation buildings, and...and see, they're all corporation-y...and they make money

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BlackHat's picture

Keep in mind there's an

BlackHat
      HF
 
 
(Senior Neanderthal, 4,948
 
Points)
 on 1/8/13 at 11:21am

I hate victims who respect their executioners

Follow BH & Co. on Twitter: @DumbLuckCapital
twitter.com/DumbLuckCapital

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SirTradesaLot's picture

BlackHat: Keep in mind

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 1/8/13 at 11:28am

Turbo leverage for capital explosion -- BD Capital

My WSO Blog

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KarateBoy's picture

BlackHat: Keep in mind

KarateBoy
      AM
 
(Senior Orangutan, 381
 
Points)
 on 1/8/13 at 2:46pm
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BlackHat's picture

KarateBoy: BlackHat: Keep

BlackHat
      HF
 
 
(Senior Neanderthal, 4,948
 
Points)
 on 1/8/13 at 2:54pm

I hate victims who respect their executioners

Follow BH & Co. on Twitter: @DumbLuckCapital
twitter.com/DumbLuckCapital

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KarateBoy's picture

BlackHat: KarateBoy: Blac

KarateBoy
      AM
 
(Senior Orangutan, 381
 
Points)
 on 1/8/13 at 3:58pm
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KarateBoy's picture

Double post

KarateBoy
      AM
 
(Senior Orangutan, 381
 
Points)
 on 1/8/13 at 3:59pm
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Walkerr's picture

Great post Sir! Diceclay, do

Walkerr
      IB
 
(Gorilla, 570
 
Points)
 on 1/9/13 at 10:27am
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diceclay's picture

Walkerr: Great post Sir!

diceclay
      O
 
(Chimp, 9
 
Points)
 on 1/9/13 at 12:53pm

Let me explain to you how this works: you see, the corporations finance Team America, and then Team America goes out...and the corporations sit there in their...in their corporation buildings, and...and see, they're all corporation-y...and they make money

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BlackHat's picture

Just because it's large

BlackHat
      HF
 
 
(Senior Neanderthal, 4,948
 
Points)
 on 1/9/13 at 1:00pm

I hate victims who respect their executioners

Follow BH & Co. on Twitter: @DumbLuckCapital
twitter.com/DumbLuckCapital

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diceclay's picture

Black Hat had a great point.

diceclay
      O
 
(Chimp, 9
 
Points)
 on 1/9/13 at 1:11pm

Let me explain to you how this works: you see, the corporations finance Team America, and then Team America goes out...and the corporations sit there in their...in their corporation buildings, and...and see, they're all corporation-y...and they make money

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constipatedmonkey's picture

Any thoughts on exit opps

constipatedmonkey
     
 
(Chimp, 15
 
Points)
 on 1/12/13 at 4:35am
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SirTradesaLot's picture

constipatedmonkey: Any

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 1/12/13 at 7:43am

Turbo leverage for capital explosion -- BD Capital

My WSO Blog

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Working9-5's picture

I must admit that I prefered

Working9-5
      ST
 
(Gorilla, 613
 
Points)
 on 1/12/13 at 9:58am

CNBC sucks

"This financial crisis is worse than a divorce. I've lost all my money, but the wife is still here." - Client after getting blown up

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xqtrack's picture

I would add that I do find

xqtrack
      HF
 
(Gorilla, 600
 
Points)
 on 1/12/13 at 11:39am

Financial Modeling Training
Guide to Finance Interviews

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bearcats's picture

BlackHat: and honestly who

bearcats
      HF
 
 
(Orangutan, 271
 
Points)
 on 1/12/13 at 12:05pm
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whatwhatwhat's picture

SirTradesaLot: whatwhatwhat

whatwhatwhat
      HF
 
(King Kong, 1,400
 
Points)
 on 1/12/13 at 7:27pm
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sillymonkey123's picture

AndyLouis: great info

sillymonkey123
     
 
(Monkey, 56
 
Points)
 on 1/16/13 at 1:45am
  • 0
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diceclay's picture

HFRX Equal Weight performance

diceclay
      O
 
(Chimp, 9
 
Points)
 on 1/29/13 at 2:03pm

Let me explain to you how this works: you see, the corporations finance Team America, and then Team America goes out...and the corporations sit there in their...in their corporation buildings, and...and see, they're all corporation-y...and they make money

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Smartmoney's picture

SirTradesaLot: constipatedm

Smartmoney
     
 
(Monkey, 55
 
Points)
 on 3/20/13 at 9:41pm
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SirTradesaLot's picture

Smartmoney: SirTradesaLot:

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 3/20/13 at 9:48pm

Turbo leverage for capital explosion -- BD Capital

My WSO Blog

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Smartmoney's picture

SirTradesaLot: Smartmoney:

Smartmoney
     
 
(Monkey, 55
 
Points)
 on 3/20/13 at 10:14pm
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cheese86's picture

Interesting discussion...all

cheese86
      HF
 
(Gorilla, 576
 
Points)
 on 3/21/13 at 10:41am
  • 0
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SirTradesaLot's picture

Smartmoney: SirTradesaLot:

SirTradesaLot
     
 
 
(Senior Neanderthal, 4,514
 
Points)
 on 3/21/13 at 10:52am

Turbo leverage for capital explosion -- BD Capital

My WSO Blog

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These are the "Terms and Conditions" under which you may use WallStreetOasis.com. Please read this page carefully including the Privacy Policy below. If you do not accept the Terms and Conditions and Privacy Policy stated here, do not use this web site or any services offered by this web site. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions and Privacy Policy. IB Oasis Corp. (the "Company") may revise these Terms and Conditions and Privacy Policy at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions and Privacy Policy, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

Neither WallStreetOasis.com, IB Oasis Corp. nor employees of IB Oasis Corp. are investment advisors. The purpose of this website is NOT to give any advice on your personal investment strategy. If you base your investment decisions on content of this website, you may lose part or all of your money.

You should not violate any other law or regulation, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially including the rule against making false or misleading statements to manipulate the price of a security or the rule requiring you to disclose any compensation you may receive for describing a security.

You should not access WallStreetOasis.com by any means other than through the interfaces we provide for use in accessing our services or use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of our sites, except those automated means that we have approved in advance and in writing.

The Company, in its sole discretion, reserves the right to remove any postings, or deny access by any individuals, for any reason or no reason.

If you see something that you feel is a violation of the these Terms and Conditions, please notify us by emailing wallstreetoasis at wallstreetoasis.com.

We reserve the right to change the Terms and Conditions at any time. Changes will be posted on the applicable web page.

Use of Material.

The Company authorizes you to view and download a single copy of the material on www.WallStreetOasis.com (the "Web Site") solely for your personal, noncommercial use. By using the Web Site you are giving the Company the sole right to use any and all content you generate or publish on the site for commercial, non-commercial or promotional purposes. This includes any and all forum posts, comments, blog posts or any other material you generate on the Web Site.

The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other items (collectively, "Material"), are protected under both United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that the Company creates to generate its pages. It is also protected by the Company?s copyright.

Acceptable Site Use.

General Rules: Users may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Web Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses.

The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

  • Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
  • Taking any action which imposes an unreasonable or disproportionately large load on this Web Site?s infrastructure.
  • If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
  • Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from the Company on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
  • Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
  • Framing of or linking to any of the materials or information available from the Web Site.

User Information.

When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy below for further details regarding your Information.

Registration and Password.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

The Company's Liability.

As a condition to your use of this site, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people?s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site.

The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.

You acknowledge and agree that you are solely responsible for the content and accuracy of any resume or material contained therein placed by you on the Web Site and you agree to let any users that are identified as recruiters (designated in the sole discretion of the Company) to have access to your resume.

The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Web Site.

THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites.

The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized commercial use of the Web Site.

Limitation of Liability.

The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $1.

Termination.

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site.

Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

General.

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within New York, New York. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site a particular "Legal Notice," or Software License or Material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

PRIVACY POLICY

The Company recognizes that you are concerned about privacy. We are committed to preserving your privacy and safeguarding your sensitive information. The following statement describes the general information-gathering and usage practices of our sites.

Our staff, contractors, Internet service providers and others involved in this site follow this policy or similarly strict policies regarding your Information.

Disclosure

The Company is committed to fully disclosing our policies regarding the collection, use, maintenance, disclosure and security of personal information obtained from users of our site. The term "personal information" includes a name, address, email address, or any other information which could be used to contact you directly or to identify you personally.

Use and Disclosure Limitations

The Company only uses personal information about its Web site users for specific purposes. We do not share user information with third parties except when we have told users about the disclosures, when we have prior consent, or when required by law.

Use Policy: When the Company gathers personal information from users, we ask for permission first. We also disclose, at the time of collection, how the information will be used by us. Personal information is used for activities such as auto-completion of commonly-used forms and helping us contact you when you solicit information from us.

Disclosure Policy: We do not normally disclose personal information to anyone outside of the Company unless we have previously informed users about the disclosures. However, some data may be used from time to time by outside contractors, including auditors or consultants, to assist us in carrying out necessary financial or operational activities. These uses will be consistent with this privacy policy and all contractors using this potential personal information must agree to safeguard it, to use it only for the authorized purpose, and to return it or destroy it upon completion of the activity.

The Company might be required to disclose personal information in response to a valid legal process such as a subpoena, search warrant or court order.

Although unlikely, it is possible that we may have to make certain disclosures to ensure the security of our Web site, to protect its integrity, or to take precautions against potential liability. In any of these situations, we will take any reasonable steps to limit the scope of the data disclosed.

Web Logs: The Company maintains standard Web logs that record basic information about visitors to our Web site. These logs contain: * The Internet domain from which you came to our Web site. * Your IP address. An IP address is a series of numbers which uniquely identifies your connection to the Internet. Although it is possible in some instances, certain types of IP addresses may be used by interested persons to identify users but we do not attempt to identify users in this way. * The type of browser (e.g., Internet Explorer or Netscape) and operating system (e.g., Windows 98) you use. * The date and time you visited the site, and the pages you saw.

We use Web log information to design our Web site, identify popular features, and in similar ways. We do not try to identify individuals from Web logs or to link Web logs to other user information. However, if someone tries to damage our Web site or use it in an unauthorized or illegal way, we may share Web log information with law enforcement agencies. The Company may provide aggregate information such as the number of users who visit particular pages of the site, or the number of people who link to certain external sites from our site, to other parties.

Changes to Privacy Policy

The Company's features and services will change over time and our information-gathering practices and policies may also change.

While our philosophy of protecting user information from inappropriate uses and disclosures will not change, this policy will be updated occasionally to include any change that materially affects the collection, maintenance, use, or disclosure of personal information.

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Upcoming Events

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