South Africa's Financial Services Board introduced specific regulations for hedge funds in 2008, including requirements for fund managers to register, although hedge funds may not be marketed to retail investors, and hedge fund products are not regulated. Taxation treatment of hedge funds has been unclear in South Africa.12 The United Arab Emirates (UAE) is part of the GCC (Gulf Cooperation Council), which also includes Bahrain, Kuwait, Oman, Qatar, and the Kingdom of Saudi Arabia. The GCC seeks cooperation and agreement among its member states to harmonize regulation and taxation. Two authorities within the UAE allow establishment of hedge funds: the UAE Central Bank (onshore) and the more often used Dubai Financial Services Authority (DFSA). Regulations include requirements for risk assessment and audits, as well as restrictions on marketing. Taxes, however, are generally zero.13
Many relatively small nations or jurisdictions play important roles in hedge fund regulation by providing tax-neutral locations in which funds may be quickly and inexpensively formed. Examples of popular locations for hedge fund domiciles are Bermuda, the Cayman Islands, and the Isle of Man.
2.4 Liquid Alternative Investments
As their name implies, liquid alternatives are investment vehicles that offer alternative strategies in a form that provides investors with liquidity through opportunities to sell their positions in a market. Many major alternative investments, such as private equity or hedge funds, have historically been illiquid and opaque private placements held by high-net-worth and institutional investors. Liquid alternative investments are innovative products that provide access for all investors to the same or similar strategies in an exchange-traded and transparent format.
But the nature of the liquidity offered by liquid alternatives might better be described as “offering retail access” rather than “being able to be converted into cash quickly,” the reason being that many alternatives, such as managed futures funds and structured products, have offered daily liquidity for years but are not commonly viewed as liquid because the products have been predominantly accessible only to institutional and high-net-worth investors.
2.4.1 The Spectrum of Liquid Alternatives Products
Liquid alternatives span a spectrum of alternative assets and strategies, with more innovations expected to emerge. A popular investment vehicle in the United States that illustrates liquid alternatives well is real estate investment trusts (REITs). REITs hold real estate as their underlying assets and are generally owned through publicly traded shares. The underlying assets of many large REITs are large private real estate properties, such as office buildings, retail properties, health care facilities, and apartment complexes. Large real estate properties are often owned by institutions directly or through limited partnerships. REITs offer retail access of similar properties to large and small investors alike. Even though the underlying real estate properties are illiquid, the shares in the REITs offer investors high levels of liquidity. Many REITs also hold liquid real estate assets, such as mortgage securities. REITs are further discussed in Chapter 14.
Real estate in general and REITs in particular have been popular in the United States for so long that some experts may not view REITs as liquid alternatives. Many discussions of liquid alternatives focus on more recent innovations that provide liquid investment vehicles for small investors to obtain exposure to classic alternative investment strategies, such as hedge fund strategies. Specifically, these new liquid alternatives include the offering of hedge fund and managed futures strategies through liquid mutual funds, such as ’40 Act funds in the United States and UCITS in the EU.
Liquid alternatives tend to have substantial fee structure differences, which are discussed later in this section. Liquid alternatives differ with the extent to which their investment strategies match the investment strategies of privately placed alternative investments. In this regard, there are five distinct types of liquid alternative funds:
1. UNCONSTRAINED CLONES: These liquid funds follow virtually the same strategy as private placement products with underlying liquid assets, such as some hedge funds or managed futures funds.
2. CONSTRAINED CLONES: These liquid funds implement a similar strategy as private placement products but are limited in risk exposure by leverage, concentration, or liquidity constraints.
3. LIQUIDITY-BASED REPLICATION PRODUCTS: These liquid funds are designed to mimic illiquid private placement investments, using liquid securities as proxies.
4. SKILL-BASED REPLICATION PRODUCTS: These liquid funds are designed to mimic a highly skilled private placement strategy using a simplified and more mechanical strategy.
5. ABSOLUTE RETURN OR DIVERSIFIED PRODUCTS: These liquid funds are designed to offer absolute returns and/or diversifying returns not directly related to opportunities historically available in private placements and potentially inconsistent with alternative strategies as typically deployed.
The last category refers to products being touted as liquid alternatives that are long-only mixes of traditional investment strategies that offer returns that have exhibited relatively low correlation with the overall market. These products lack the innovation, leverage, short positions, illiquidity, and skill-based active trading that have been the hallmark of alternative investment for decades. They tend to be offered by institutions with expertise in traditional investments that are responding to investor preferences for investment products that offer diversification relative to traditional equity and bond markets.
2.4.2 Growth and Growth Factors in Liquid Alternatives
Prior to the financial crisis of 2007–09, global assets under management in liquid alternatives totaled less than $100 billion. The performance success of some alternative investment strategies during the financial crisis, such as managed futures and global macro funds, led retail investors to welcome the opportunity to diversify into those strategies and other alternative investment strategies as retail products became widely available.
By 2015, liquid alternatives had soared to over half a trillion dollars in global AUM, and this number is expected to rise by an annual rate of approximately 20 %. This growth can also be seen by the proportion of assets in U.S. mutual funds that is devoted to liquid alternative vehicles. That proportion, which soared by 2015 to a few percentage points, will eventually reach double-digit levels if growth rate projections are realized.
Projections of continued rapid growth are based on two primary factors. First, retail investors are projected to continue to diversify into alternative strategies to lessen their percentage exposure to traditional stock and bond strategies if traditional asset markets continue to offer historically low interest rates and high equity valuations. Second, the shift of retirement assets from a focus on defined benefit plans to defined contribution plans means that retail access to alternative investments will increase. Rather than obtaining alternative asset exposure through investment by institutions managing defined benefit plans, investors may increasingly obtain alternative asset exposure directly through retail products inside their defined contribution plans. If these two trends persist, the meteoric growth in liquid alternatives may parallel the growth in exchange-traded funds that began in the 1990s.
2.4.3 Three Constraints against Achieving Alternative Investment Benefits through Liquid Products
Some alternative investment strategies appear unable to be implemented through liquid retail structures, such as U.S. mutual funds. First, the sophisticated hedge fund strategies discussed in Part 3 often require substantial use of leverage, which is restricted within U.S. mutual