Some terms in hedge fund documentation have existed, and been accepted, as ‘market standard’ for years. This article briefly considers a few of the more fundamental of these terms and explores whether new standards need to be found that strike a better balance between the investor, the manager and the fund.

Notwithstanding the sweeping regulatory changes that are affecting the hedge fund industry, the greatest pressure on hedge funds to change their ‘standard’ investment terms will come from institutional investors. The risk, however, is that a standard becomes self-fulfilling and that terms get included or rejected by both manager and investor solely (or mainly) on the basis of whether it is ‘market standard’ without consideration of the individual characteristics of the relevant fund product.

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