The AICPA released a Proposed Statement on Auditing Standards for Compliance Audits (.pdf) This would replace SAS No. 74 Compliance Auditing Considerations in Audits of Governmental Entities and Recipients of Governmental Financial Assistance. Comments or suggestions on any aspect of this exposure draft would be appreciated. To facilitate the ASB’s consideration of responses, comments should [...]
Model Due Diligence Questionnaire for Hedge Fund Investors
on January 22, 2009 in Private Investment Funds
The Managed Funds Association put together a Model Due Diligence Questionnaire for Hedge Fund Investors (.pdf). This questionnaire was designed to identify the kinds of questions that a potential investor may wish to consider before investing in a Hedge Fund. The questions that may help amplify on or provide additional details to the disclosure in [...]
Sound Practices for Hedge Fund Managers
on January 22, 2009 in Private Investment Funds
The Managed Funds Association updated its Sound Practices for Hedge Fund Managers (.pdf) in November, 2007 in response to the initial drafts of the President’s Working Group on Financial Markets. The objectives of Sound Practices are to: Strengthen business practices of the hedge fund industry through a strong framework of internal policies and practices Encourage [...]
What is a Hedge Fund?
on January 22, 2009 in Private Investment Funds
The President’s Working Group on Financial Markets Report of the Asset Managers’ Committee uses this as a definition of “hedge fund.” By “hedge fund” we mean a pooled investment vehicle that generally meets most, if not all, of the following criteria: (i) it is not marketed to the general public (i.e., it is privately offered), [...]
Establishing an Integrated Risk Management Framework
on January 22, 2009 in Enterprise Risk Management
Scott Kwarta, Director of Advisory Services at OpenPages, Inc., put together a presentation on Establishing an Integrated Risk Management Framework (.pdf). I like this depiction of the risk management cycle:
What is Enterprise Risk Management?
on January 22, 2009 in Enterprise Risk Management
The Committee of Sponsoring Organizations of the Treadway Commission adopts this definition of Enterprise Risk Management: Enterprise risk management is a process, effected by an entity’s board of directors, management and other personnel, applied in strategy setting and across the enterprise, designed to identify potential events that may affect the entity, and manage risk to [...]
Second Circuit Affirms Ionia Management Case
on January 22, 2009 in Compliance Programs
The Second Circuit Court of Appeals focused on the standard for convicting a company of criminal charges for acts of its managers and employees in US v. Ionia. The Second Circuit declined to change the standards for corporate criminal liability and keeps Respondeat Superior in place. The court found there was ample evidence that the [...]
Boston University’s Code of Conduct
on January 21, 2009 in Code of Conduct
For a change of pace, I thought I would look at the codes of conduct for educational institutions for their take on the issues. Boston University has an easy to find page with the President’s Statement of Commitment to Ethical Conduct with a link to the BU’s Code of Ethical Conduct. Boston University is committed [...]
CEO Pay and the Lake Wobegon Effect
on January 21, 2009 in Corporate Governance
Rachel Hayes and Scott Schaefer of the University of Utah have published CEO Pay and the Lake Wobegon Effect in the Journal of Financial Economics. The central tenet is that every CEO wants to be paid above average because that means the company is performing above average.
President’s Working Group on Financial Markets Reports
on January 21, 2009 in Compliance Programs
Asset Managers’ Committee and the Investors’ Committee of the President’s Working Group on Financial Markets Reports have released their best practices reports for hedge fund managers and investors, respectively: Asset Managers’ Committee Report (.pdf) and the Investors’ Committee Report (.pdf). In the Asset Manager’s Committee Report: A Manager should establish a comprehensive and integrated compliance [...]
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