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10 Self-Regulation and Private Actors

From: The Law of Private Investment Funds (3rd Edition)

Timothy Spangler

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2024

Controlled activities — Regulated activities — Private fund

This chapter focuses on self-regulation as a means for private actors to address the governance challenge in private investment funds. It first considers the role and limits of financial regulation before discussing the ways that self-regulation and private actors can help in governing the organization, renumerating, risk management and reporting activities of private investment funds. It then examines four codes of conduct for private actors involved in private investment funds: the Best Practices of the President’s Working Group on Financial Markets, the Managed Fund Association’s Sound Practices, Sir Andrew Large’s consultation on ‘Hedge Fund Standards’, and the Institutional Limited Partners Association guidelines. The chapter concludes with an analysis of the role of investors in investor protection failures and the importance of private law for private actors seeking to address the governance challenge.

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