Legal Disclaimers and Disclosures
Last Updated: May 07, 2024.
1. General Information
This website is owned and operated by GoldenTree ONE LLC (hereinafter referred to as “the Fund”). The Fund is an AI/ML-based incubator hedge fund focused on the research, development, and validation of proprietary algorithmic trading strategies in global currency (foreign exchange) and commodities markets. The Fund is currently in the incubation phase, meaning it is refining its strategies through rigorous backtesting, model development, and limited live trading with proprietary capital
The content of this website is intended to provide general information regarding the Fund’s business model, objectives, and technological approach, particularly its use of artificial intelligence (AI) and machine learning (ML) techniques in systematic trading. It does not constitute an invitation or offer to invest in the Fund, nor does it intend to provide specific investment, financial, legal, or tax advice to any individual or entity. Visitors should not treat the information contained herein as a recommendation or endorsement to engage in any financial transaction.
1.1. Overview of Incubation Process
As an incubator hedge fund, the Fund focuses on a critical phase of strategy development and validation prior to launching for external investment. This process involves a series of key steps, including:
- 1. Algorithm Development: The Fund is leveraging advanced AI/ML techniques to create algorithms that process and analyze vast amounts of market data. The aim is to design predictive models that inform systematic macro trading strategies across the FX and commodities markets.
- 2. Backtesting & Simulations: The strategies are subjected to extensive historical backtesting, simulating their performance in various market conditions. This allows the Fund to assess the robustness, risk management, and return potential of each model.
- 3. Live Trading with Proprietary Capital: After achieving successful backtesting results, the Fund may implement the strategies using its own capital under controlled conditions to evaluate real-world performance and fine-tune the algorithms before opening the Fund to external investors.
- 4. Performance Monitoring & Continuous Learning: The AI/ML models employed by the Fund are designed to adapt and improve over time. Performance is constantly monitored, and the models are re-trained as necessary based on new market data, ensuring that the Fund remains responsive to evolving market dynamics.
1.2. Incubator Status and Limited Availability
It is important to note that the Fund is not currently accepting capital from outside investors. The Fund is in the process of refining its strategies and building an operational infrastructure to ensure that its trading models are fully optimized and aligned with the Fund’s long-term objectives. This incubation phase is expected to be a critical period for refining risk management frameworks, improving trading execution, and ensuring compliance with future regulatory requirements.
Once the Fund exits the incubation phase and becomes open to external investors, qualified investors (such as accredited investors under U.S. securities laws) will be able to participate, subject to specific regulatory approvals and offering documentation. Until then, no securities or investment opportunities are being offered or solicited on this website.
1.3. AI/ML-Driven Approach
The Fund’s strategies are rooted in cutting-edge artificial intelligence and machine learning technologies. These technologies are employed to analyze patterns, detect anomalies, and generate actionable insights from complex and high-dimensional datasets. AI/ML models, particularly deep learning and reinforcement learning algorithms, are pivotal in the Fund’s strategy formulation. This approach allows the Fund to pursue a data-driven, systematic macro trading strategy, seeking to capitalize on inefficiencies in global currency and commodities markets.
1.4. Strategic Objectives
The Fund’s primary objective is to generate consistent risk-adjusted returns through the deployment of its AI/ML-driven systematic strategies, with a focus on capturing opportunities across foreign exchange (FX) and commoditiesmarkets. These strategies are designed to:
- Mitigate human bias in trading decisions by relying on algorithmic models.
- Enhance market efficiency through systematic analysis and execution
- Leverage data science to make real-time, data-driven decisions based on quantitative insights.
- Manage risk through advanced statistical modeling, incorporating measures such as volatility, correlation, and tail-risk management.
The Fund’s technology-driven strategy enables the ability to process vast amounts of real-time and historical market data, using proprietary models to uncover macro trends, price anomalies, and momentum signals across the global currency and commodities markets.
1.5. Non-Solicitation Statement
It is important to reiterate that this website does not, and is not intended to, offer or solicit investments in the Fund at this time. The information contained herein should not be construed as an attempt to sell or promote any securities or financial products in any jurisdiction where such offers or solicitations are unlawful. The Fund’s legal status and registration may vary depending on the jurisdiction and regulations under which it operates.
Any future offerings of interests in the Fund, if and when made, will be conducted in accordance with the applicable laws and regulations governing hedge fund offerings, including but not limited to the Securities Act of 1933, as amended, and other relevant U.S. federal and state securities laws. Such offerings will only be made to qualified investors as defined by regulatory agencies, such as the U.S. Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), or other regulatory bodies, depending on the jurisdiction.
1.6. No Guarantee of Future Performance
Any references to the Fund’s performance, potential returns, or historical data are purely hypothetical or simulated at this stage. Given the nature of an incubator fund, any past or present performance metrics do not reflect actual trading performance, as the Fund is still in its development phase. Furthermore, the use of simulated data and hypothetical returns carries inherent limitations, and there is no assurance that the strategies will achieve their intended objectives once deployed in live markets.
Investors or interested parties should recognize that investing in hedge funds, especially those that rely on AI/ML and systematic trading strategies, carries inherent risks, including potential losses. As such, the Fund cannot guarantee any specific results or future performance, and prospective investors should consult with a financial advisor before making any investment decisions.
1.7. Intellectual Property Rights
All intellectual property, including proprietary algorithms, models, trading strategies, and related content developed by the Fund, remains the exclusive property of the Fund. Users and visitors of this website are prohibited from distributing, copying, or using any intellectual property or content without the express written consent of the Fund. Unauthorized use of such content may result in legal action
1.8. Use of Website
By accessing this website, you agree to comply with the terms and conditions laid out in this Legal Disclaimers and Disclosures page, as well as any other legal documents presented by the Fund. The Fund reserves the right to modify or discontinue the website at any time without notice. The content provided on this website is subject to change, and while the Fund aims to provide accurate and up-to-date information, it does not warrant or guarantee the completeness, accuracy, or reliability of any information presented.
For questions regarding the information on this website or about the Fund, please contact us at info@goldentree.one.
2. No Offer or Solicitation
The content provided on this website is for informational purposes only and does not constitute an offer to sell, a solicitation of an offer to buy, or a recommendation of any securities, investment strategies, or other financial products, including those related to the Fund. The Fund is currently in the incubator phase and is not open to external investors at this time. This website does not intend to offer or promote any investment opportunities to the general public or to any specific individual or entity.
The information contained herein should not be interpreted as a solicitation or advertisement for investment products in any jurisdiction where such an offer or solicitation would be unlawful or where the Fund is not qualified to operate or market such products. Any future offering of interests in the Fund will be subject to applicable laws and regulations, and only those persons who meet the regulatory qualifications, such as Accredited Investors or Qualified Purchasers, will be eligible to receive such offerings.
2.1. No Public Offering
The information on this website does not constitute a public offering of securities or financial instruments. The Fund, in its current incubation stage, does not intend to raise capital from the general public or solicit investments from any individual, group, or organization that does not meet specific regulatory thresholds. Only a private placement offering to qualified investors will be considered upon the Fund’s transition out of the incubator phase, and any such offering will be made strictly in accordance with relevant securities regulations, such as those established by the U.S. Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), or other applicable regulatory authorities.
- Private Placements: If the Fund eventually opens to outside investors, any offer of securities or investment interests will be made solely through private placement memoranda or similar offering documents. These documents will include all pertinent information about the risks, fees, and investment objectives of the Fund and will be distributed only to qualified investors. No investment in the Fund will be accepted without proper documentation and due diligence conducted in accordance with legal requirements.
2.2. Qualified Investors Only
The Fund is currently intended to be offered exclusively to a restricted pool of qualified investors. This means that any eventual offerings will be limited to individuals or entities that meet the legal criteria set forth by relevant securities laws. These criteria often include the following categories:
- Accredited Investors as defined by Regulation D of the Securities Act of 1933 in the United States. An Accredited Investor generally includes:
- Individuals with an annual income exceeding $200,000 (or $300,000 jointly with a spouse) for the past two years, with a reasonable expectation of the same level of income in the current year.
- Individuals with a net worth exceeding $1 million, excluding their primary residence.
- Entities, such as trusts or partnerships, with assets exceeding $5 million that were not formed solely for the purpose of purchasing the securities being offered.
- Qualified Purchasers, as defined by Section 2(a)(51) of the Investment Company Act of 1940, which generally includes individuals or entities that own $5 million or more in investments.
The Fund may also require that potential investors meet additional criteria depending on the jurisdiction in which they reside, the specific type of securities being offered, or the Fund’s investment structure.
2.3. Regulatory Considerations
The offering of investment interests in hedge funds, particularly those employing complex strategies like AI/ML-based systematic trading, is subject to strict regulatory oversight. The Fund is committed to complying with all applicable laws and regulations, including those imposed by the SEC, CFTC, and other regulatory bodies in various jurisdictions. Investors should be aware that any investment offering from the Fund will be made only in compliance with these laws and that participation will be limited to those who meet all regulatory qualifications.
Furthermore, any offering made to non-U.S. persons will be conducted in compliance with the Securities Act of 1933 and other applicable U.S. regulations that govern cross-border investment offerings. This includes compliance with Regulation S, which provides rules for offers and sales of securities outside the United States. Any offerings to non-U.S. persons will be subject to their own local laws, and it is the responsibility of potential investors to ensure compliance with these regulations.
2.4. Non-Solicitation of General Public
The Fund does not solicit investments or attempt to sell any financial products or securities to the general public through this website. The information provided here is not intended to target or solicit individuals who are not qualified investors. The content on this site is general in nature and is not tailored to the investment objectives, financial situation, or needs of any particular individual or entity.
- No Personalized Investment Advice: The content of this website is not intended to provide personalized investment advice. It does not account for the specific financial situation or investment objectives of any visitor or user of this site. As such, any decisions regarding potential investments in hedge funds or financial products should be made in consultation with a qualified financial professional who can provide personalized advice based on an individual’s circumstances.
- No Offer in Prohibited Jurisdictions: The Fund does not offer or solicit investments in jurisdictions where such activities are prohibited by law. Visitors from jurisdictions where hedge funds are restricted or prohibited from offering investment opportunities should refrain from relying on or acting upon any information contained on this website. This may include restrictions on hedge fund offerings in certain states within the United States, as well as various international jurisdictions.
2.5. Future Offerings & Additional Documentation
If and when the Fund decides to open to external investors, all details regarding the investment structure, terms, fees, risks, and objectives will be provided in formal offering documentation, such as a Private Placement Memorandum (PPM) or similar legal document. This document will contain detailed information required by law and will be presented to potential investors only after they have been confirmed as qualified. Any investment decision should only be made after thoroughly reviewing these materials.
- Due Diligence: Investors will have the opportunity to conduct due diligence on the Fund prior to making any investment commitment. The Fund will provide necessary disclosures to ensure transparency about its strategies, management, and risk factors. The due diligence process may include, but is not limited to, reviewing financial statements, performance metrics, regulatory filings, and legal agreements.
- Subscription Agreements: In the event of a future offering, all investments will be subject to the execution of subscription agreements, which will set forth the rights and obligations of the investors and the Fund. These agreements will be legally binding and will govern the relationship between the Fund and its investors.
2.6. No Guarantees or Representations
The Fund makes no guarantees or representations regarding the accuracy, completeness, or timeliness of the information provided on this website. The information contained herein reflects the Fund’s views and strategies as of the date of publication, which may change over time. Additionally, no guarantee is made as to the future performance of any strategies mentioned on this website, as the Fund remains in the incubator phase, and any information related to performance is hypothetical or based on backtesting results.
- No Past Performance Representations: Any references to past or simulated performance are for illustrative purposes only and should not be construed as guarantees of future results. Hedge fund strategies, particularly those driven by AI/ML and systematic models, carry inherent risks, and there is no assurance that the Fund will achieve its stated objectives.
2.7. Suitability
All intellectual property, including proprietary algorithms, models, trading strategies, and related content developed by the Fund, remains the exclusive property of the Fund. Users and visitors of this website are prohibited from distributing, copying, or using any intellectual property or content without the express written consent of the Fund. Unauthorized use of such content may result in legal action
3. No Investment Advice
The information presented on this website, including but not limited to text, graphics, charts, data, reports, and any other materials, is provided for general informational purposes only. Nothing on this website constitutes, or is intended to constitute, investment advice, financial advice, trading advice, or any other form of professional advisory service. The Fund does not provide personalized investment recommendations, nor does it make any claim to provide financial planning, legal, tax, or other professional services through this website.
3.1. General Information Only
The content presented on this website is general in nature and does not take into account the specific financial situation, investment objectives, or risk tolerance of any individual or entity. As such, it should not be relied upon as the sole basis for making any financial or investment decisions. Visitors and users of this website should seek professional advice tailored to their specific circumstances from a qualified financial advisor, legal counsel, or tax professional before engaging in any investment activity or transaction.
The Fund does not make any representations or warranties that the information on this website is suitable for any particular individual or entity’s investment objectives. The information is intended to provide a broad overview of the Fund’s strategies, objectives, and methodologies, particularly its use of AI/ML-based systematic macro trading strategies, but it should not be interpreted as personalized investment advice.
3.2. No Fiduciary Relationship
Nothing on this website creates, or is intended to create, a fiduciary relationship between the Fund and any user or visitor. The Fund does not act in a fiduciary capacity on behalf of any visitor to this website. Visitors should not consider any information on this website as a substitute for a formal fiduciary relationship with an investment advisor or other licensed professional. A fiduciary relationship can only be established through direct engagement and the execution of appropriate legal agreements with a licensed professional.
Visitors and users of this website are solely responsible for conducting their own due diligence, research, and analysis before making any investment decisions. The Fund does not accept any responsibility or liability for the financial decisions made by individuals or entities based on the information provided on this website.
3.3. No Reliance on Hypothetical or Simulated Performance Data
As an incubator hedge fund, the Fund may present hypothetical, simulated, or backtested performance data for illustrative purposes. These performance figures are based on historical data and simulations using proprietary AI/ML models and do not represent actual trading results. Such information is provided to offer insight into the potential performance of the Fund’s strategies but should not be relied upon as a guarantee of future performance.
It is important to understand that hypothetical or backtested results have inherent limitations, including:
- They are based on simulated trading strategies and do not reflect the impact of real-world market conditions, such as liquidity constraints, execution risk, or slippage.
- They do not account for unforeseen market events, regulatory changes, or other external factors that could materially affect trading results in the future.
- They cannot guarantee future performance, and there is a high likelihood that real-world performance will deviate from simulated results due to the dynamic and unpredictable nature of financial markets.
For these reasons, potential investors are advised not to rely solely on hypothetical performance data or backtested results when evaluating the Fund’s strategies. Past performance, whether actual or hypothetical, is not indicative of future results, and there can be no assurance that the Fund’s strategies will achieve their intended objectives.
3.4. No Recommendation or Endorsement
Nothing on this website constitutes a recommendation, endorsement, or solicitation to buy or sell any securities, financial instruments, or investment products. The Fund does not endorse or recommend any specific investment strategy, security, or financial product to any visitor of this website. The information provided here is meant to give an overview of the Fund’s approach, particularly its AI/ML-driven systematic macro trading strategy, but it should not be construed as an endorsement or promotion of any specific investment action.
The decision to invest in any financial product, including hedge funds, involves considerable risk, and visitors are encouraged to consult with their own financial professionals to assess the suitability of any investment in relation to their individual needs and goals.
3.5. No Legal, Tax, or Regulatory Advice
In addition to investment advice, nothing on this website constitutes legal, tax, or regulatory advice. The Fund does not provide legal or tax advice, and visitors should not rely on the information provided here as a substitute for consultation with qualified legal counsel or tax advisors. Laws and regulations governing hedge funds, investments, securities offerings, and taxation vary by jurisdiction, and it is the responsibility of visitors to ensure compliance with all applicable laws and regulations in their respective regions.
Visitors should be aware that investments in hedge funds may have tax implications, and the Fund cannot and does not provide any guidance on how such investments may affect the tax situation of any individual or entity. Professional tax advice should be sought to determine the specific tax implications of any potential investment in the Fund.
3.6. Risk of Loss
Investing in hedge funds, including those that utilize AI/ML-based systematic trading strategies, involves a high degree of risk, including the potential loss of the entire investment. The Fund’s strategies, particularly those based on complex quantitative models and algorithmic trading techniques, may not be suitable for all investors. There can be no guarantee that the Fund’s strategies will achieve their investment objectives, and investors should be prepared to lose some or all of their investment capital.
AI/ML models, while powerful tools for analyzing data and generating trading insights, are not foolproof and can lead to unintended consequences or underperformance in volatile or unpredictable market conditions. The use of leveraged instruments, derivatives, and short positions in the Fund’s strategies may exacerbate these risks. Investors should carefully consider their own risk tolerance and investment horizon before making any decisions based on information presented on this website.
3.7. Responsibility to Seek Professional Guidance
Potential investors are strongly encouraged to consult with their own financial advisors, legal counsel, tax professionals, and other relevant professionals before making any investment decision regarding the Fund or any other financial product mentioned on this website. Each individual or entity has unique circumstances, and investment decisions should be made based on a full understanding of one’s own financial goals, risk appetite, and legal or tax obligations.
Visitors to this website are responsible for their own investment decisions. The Fund does not make any claim to provide comprehensive or exhaustive financial advice through this website, and any decisions made by visitors are done at their own risk. The Fund shall not be liable for any losses, damages, or claims arising from reliance on the information provided on this website.
3.8. Use of Third-Party Information
The Fund may provide links or references to third-party websites, research, or data as a courtesy to users of this website. However, the Fund does not control, endorse, or approve the content of any third-party websites, nor does it assume any responsibility for the accuracy or reliability of any information provided by third-party sources. Any links or references to third-party content are provided for informational purposes only and should not be interpreted as investment advice or a recommendation to buy or sell any financial products mentioned in the linked content.
Visitors are encouraged to independently verify the accuracy of any third-party information and to consult with their own financial advisors before making any investment decisions based on third-party data or research.
3.9. Changes to Website Content
The Fund reserves the right to update, modify, or remove content from this website at any time, without prior notice. While the Fund strives to ensure that all information provided is accurate and up-to-date, it does not guarantee the completeness, accuracy, or timeliness of any content on this website. Visitors should not rely on the information on this website as the basis for making any investment decisions without consulting with a financial professional.
This website is intended to provide informational content only, and the Fund does not warrant that the information will remain current or relevant in light of changing market conditions or regulatory developments. Visitors are encouraged to verify any material information before making any investment decisions.
4. Risk Warnings
Investing in hedge funds, including the Fund, particularly those employing AI/ML-based systematic macro trading strategies, involves a high degree of risk. Potential investors must carefully consider the substantial risks associated with these types of investments before making any financial commitments. This section provides a detailed outline of the primary risks involved, but it is not exhaustive. There are numerous factors that may negatively impact the performance of the Fund or result in the complete loss of an investor’s capital.
4.1. General Investment Risk
Investments in hedge funds, especially those utilizing quantitative, algorithmic, and systematic trading strategies, are highly speculative. The Fund’s trading strategies involve the risk that market prices will move in directions that are unfavorable for the positions held. This can result in significant losses that may exceed the amounts initially invested. Hedge funds, including the Fund, are generally considered suitable only for sophisticated investors who are willing and able to bear the risk of substantial or total losses.
Hedge funds often employ complex trading techniques, including the use of leverage, short selling, and derivatives, which amplify both potential gains and losses. These strategies can be volatile and may result in unexpected outcomes, particularly in rapidly changing market environments. Prospective investors should be aware that there is no guarantee that the Fund will meet its investment objectives or achieve positive returns.
4.2. AI/ML Model Risk
The Fund’s reliance on artificial intelligence (AI) and machine learning (ML) algorithms as part of its systematic macro trading strategy introduces specific risks related to the performance and reliability of these models. While AI/ML models can process large datasets and identify patterns in ways that may not be accessible through traditional methods, they are not immune to errors, biases, or limitations. The following risks should be considered:
- Model Limitations: AI/ML models are inherently based on historical data, and their predictive capabilities may not be accurate or reliable in all market conditions. The models may fail to adequately account for sudden or unprecedented market events, black swan events, or shifts in market behavior that differ from past patterns.
- Overfitting and Underfitting: There is a risk that the AI/ML models may be overfit to historical data, meaning they perform well on past data but fail to generalize effectively to future, unseen data. Conversely, underfittingoccurs when the model is too simplistic and fails to capture key market dynamics, leading to poor performance.
- Data Quality and Availability: The accuracy and effectiveness of AI/ML models depend heavily on the quality, completeness, and accuracy of the data used to train and operate them. Inaccurate or incomplete data can lead to flawed predictions and poor decision-making. Additionally, there is a risk that the data used may not be available or reliable in the future, compromising the performance of the models.
- Model Failure or Misinterpretation: AI/ML models are only as good as the assumptions and inputs used to build them. Errors in model design, coding, or data interpretation can lead to incorrect trading signals and significant financial losses. Furthermore, even if models perform as designed, their signals may not always be correctly interpreted or acted upon in a timely manner.
4.3. Leverage Risk
The Fund may utilize leverage as part of its investment strategy. Leverage involves borrowing capital or using financial derivatives to increase exposure to markets or assets. While leverage can enhance potential returns, it also significantly increases the risk of loss. Leverage magnifies both gains and losses, and the use of high leverage in volatile or declining markets can result in large losses that exceed the original investment.
The risks associated with leverage include:
- Margin Calls: If the Fund uses leverage through margin borrowing and the value of its investments declines, the Fund may be required to deposit additional funds to meet margin requirements. Failure to do so could result in the forced liquidation of positions at unfavorable prices.
- Market Volatility: Leveraged investments are particularly sensitive to short-term fluctuations in market prices. A small adverse move in the market can result in disproportionately large losses when leverage is employed.
4.4. Derivatives Risk
The Fund may utilize derivatives, such as options, futures contracts, swaps, or other financial instruments, to gain exposure to specific markets or hedge against market risks. Derivatives can be highly complex instruments, and their use involves several risks, including:
- Market Risk: The value of derivatives can fluctuate significantly based on changes in market conditions. The Fund’s reliance on derivatives for speculative purposes or hedging could result in significant losses if market movements are unfavorable or if the derivatives fail to achieve their intended objectives.
- Counterparty Risk: Derivatives transactions often involve contracts with third parties, known as counterparties. If a counterparty defaults or becomes insolvent, the Fund may be unable to collect on its contracts, leading to financial loss.
- Liquidity Risk: Some derivatives may be thinly traded or may become illiquid during periods of market stress. This can make it difficult or impossible for the Fund to close out positions at desired prices, leading to potential losses.
4.5. Liquidity Risk
Hedge funds, including the Fund, may invest in assets that are illiquid or subject to restrictions on resale. Illiquidity can arise when an asset cannot be sold quickly without significantly affecting its price. In some cases, the Fund may invest in instruments that do not have an active secondary market, making it difficult or impossible to exit positions without incurring substantial losses or delays. This can exacerbate losses in declining markets, where the Fund is unable to quickly liquidate positions to mitigate risk.
Moreover, hedge funds may impose lock-up periods or other restrictions on withdrawals, limiting an investor’s ability to redeem their investment. Investors should be aware that they may not have immediate access to their capital and that liquidity constraints may impact the Fund’s ability to respond to changing market conditions.
4.6. Market Risk
The success of the Fund’s investment strategy depends on its ability to anticipate and respond to changes in global markets, including the foreign exchange (FX) and commodities markets. Markets can be highly volatile and unpredictable, and a wide range of factors, including economic indicators, interest rates, geopolitical events, regulatory changes, and market sentiment, can influence the performance of the Fund’s positions.
- Foreign Exchange Risk: As the Fund is active in global currency markets, it is exposed to foreign exchange risk, which is the risk of loss arising from fluctuations in the value of different currencies. Currency markets can be highly volatile, and changes in exchange rates can have a significant impact on the Fund’s returns. Additionally, the Fund may be exposed to risk related to currency interventions by central banks, government policies, or economic events that can dramatically impact exchange rates.
- Commodity Risk: The Fund may also trade in commodities, which are subject to various risks, including supply and demand imbalances, weather conditions, natural disasters, geopolitical tensions, and regulatory changes. Commodity prices can be highly volatile and may move in unexpected directions, resulting in significant losses.
4.7. Operational Risk
Operational risk refers to the potential for loss resulting from failures in internal processes, systems, human error, or external events. The Fund’s operations rely on various technological platforms, data providers, execution systems, and third-party service providers. Any failure in these operational components could negatively affect the Fund’s performance.
- Technology Risk: The Fund depends on sophisticated computer systems, algorithms, and data feeds to operate its AI/ML-based trading strategies. Any failure, malfunction, or disruption in these systems could result in missed trades, incorrect trades, or significant losses. Additionally, cyberattacks, data breaches, or other security incidents could compromise sensitive information or disrupt trading activities.
- Human Error: Despite the use of systematic models, the Fund is still subject to human oversight and decision-making. Errors in judgment, miscommunication, or failure to properly monitor and execute trades could result in substantial losses.
4.8. Regulatory and Legal Risk
The Fund operates in a highly regulated industry and is subject to various laws, rules, and regulations imposed by government agencies and regulatory bodies, such as the Securities and Exchange Commission (SEC), Commodity Futures Trading Commission (CFTC), and National Futures Association (NFA) in the United States. Changes in regulations or laws governing hedge funds, AI/ML technologies, or financial markets could adversely affect the Fund’s operations, strategies, and performance.
Additionally, the Fund may face legal risks related to compliance violations, contract disputes, or litigation. Any regulatory or legal action taken against the Fund or its service providers could result in financial penalties, reputational damage, or operational disruption.
4.9. Tax Risk
Investors should be aware of the potential tax implications associated with investing in hedge funds, which can be complex and vary depending on an investor’s individual tax situation. Hedge fund investments may generate income that is subject to capital gains tax, income tax, or other taxes, and the tax treatment of hedge fund distributions can differ based on local laws and regulations.
The Fund does not provide tax advice, and investors should consult with qualified tax professionals to fully understand the tax implications of investing in the Fund.
4.10. Risk of Loss
It is essential to emphasize that an investment in the Fund involves the risk of loss, including the possible loss of an investor’s entire investment. There can be no assurance that the Fund’s trading strategies, including its AI/ML-based systematic macro strategy, will be successful, and past performance is not indicative of future results. Investors should be prepared to bear the full risk of their investment.
The Fund does not provide tax advice, and investors should consult with qualified tax professionals to fully understand the tax implications of investing in the Fund.
5. Regulatory Status
The operations and activities of the Fund are subject to various laws, regulations, and rules imposed by governmental agencies and regulatory bodies. The Fund is committed to complying with all relevant regulatory requirements in the jurisdictions where it operates. This section outlines key aspects of the regulatory framework that governs the Fund’s operations, providing potential investors with a transparent understanding of its regulatory status and compliance obligations.
5.1. Registration Status
The Fund is based in Florida, United States, and is governed by both state and federal regulations. Hedge funds in the U.S. generally fall under the oversight of several regulatory bodies, depending on the nature of their activities. These may include the following:
- Securities and Exchange Commission (SEC): The SEC is responsible for regulating securities markets and participants in the U.S., including hedge funds. Depending on the Fund’s size, structure, and investor base, it may be required to register as an Investment Adviser under the Investment Advisers Act of 1940. However, many hedge funds qualify for exemptions from registration under certain provisions, such as Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act of 1940. These exemptions limit the number and type of investors in the fund, often requiring them to be accredited or qualified purchasers.
- Commodity Futures Trading Commission (CFTC): If the Fund engages in commodity trading, such as futures, options on futures, or swaps, it may fall under the jurisdiction of the CFTC. In such cases, the Fund may be required to register as a Commodity Pool Operator (CPO) or Commodity Trading Advisor (CTA) under the Commodity Exchange Act (CEA), unless it qualifies for exemptions, such as those under CFTC Rule 4.13.
- National Futures Association (NFA): The NFA is a self-regulatory organization that oversees firms participating in the derivatives markets. If the Fund operates as a CPO or CTA, it may be required to be a member of the NFA and adhere to its rules and regulations. Membership in the NFA involves meeting certain compliance requirements, such as conducting periodic audits, implementing risk management practices, and adhering to anti-money laundering (AML) protocols.
5.2. Exemptions from Registration
Many hedge funds, including those like the Fund, may be structured to qualify for specific exemptions from regulatory registration and reporting requirements. These exemptions are critical for enabling hedge funds to operate with greater flexibility while maintaining compliance with applicable laws. Common exemptions include:
- Private Fund Exemptions (Section 3(c)(1) and 3(c)(7)): These provisions of the Investment Company Act of 1940 allow hedge funds to avoid registration as investment companies by limiting the types of investors in the fund. Section 3(c)(1) exempts funds with 100 or fewer investors, while Section 3(c)(7) exempts funds whose investors are “qualified purchasers” (generally high-net-worth individuals or institutions).
- Exempt CPO/CTA Status (CFTC Rule 4.13): Under CFTC Rule 4.13(a)(3), the Fund may qualify for an exemption from registration as a CPO if it meets certain criteria, such as limiting the level of leverage and trading only a minimal amount of commodity interests. This exemption allows the Fund to avoid CFTC registration requirements, provided it complies with certain operational restrictions.
- Investment Adviser Exemption (Advisers Act): If the Fund’s assets under management (AUM) are below certain thresholds, it may qualify for an exemption from registration with the SEC as an Investment Adviser. The Dodd-Frank Act introduced an exemption for advisers solely to private funds with less than $150 million in AUM in the United States.
It is important for potential investors to note that exemptions from registration do not imply a lack of regulatory oversight. Even when exempt, the Fund remains subject to anti-fraud provisions, record-keeping obligations, and other legal and regulatory standards.
5.3. Regulatory Oversight and Compliance
Despite potential exemptions from certain registration requirements, the Fund operates within a regulated environment and adheres to the following key compliance frameworks:
- Anti-Money Laundering (AML) Requirements: The Fund complies with U.S. anti-money laundering laws, including the Bank Secrecy Act (BSA), and applicable provisions of the USA PATRIOT Act. The Fund has implemented an AML compliance program that includes procedures for identifying investors, verifying their identities, and monitoring for suspicious transactions. The Fund also conducts ongoing training and maintains procedures for reporting suspicious activities to the relevant authorities.
- Know Your Customer (KYC) Obligations: The Fund is required to perform KYC checks on all investors to ensure compliance with U.S. laws and international standards. KYC processes involve verifying the identity of investors, assessing the source of funds, and determining the suitability of the investment for each investor. The Fund’s KYC process is designed to detect and prevent potential involvement in money laundering, terrorism financing, or other illicit activities.
- Foreign Account Tax Compliance Act (FATCA): The Fund is subject to FATCA, a U.S. law that requires foreign financial institutions (FFIs) and certain non-financial foreign entities (NFFEs) to report information about U.S. taxpayers with accounts outside of the U.S. The Fund ensures compliance with FATCA reporting obligations by collecting and reporting required tax-related information for relevant investors.
- General Data Protection Regulation (GDPR) Compliance: If the Fund has investors from the European Union(EU), it may be subject to GDPR, a comprehensive data privacy regulation. The Fund takes steps to ensure that any personal data collected, stored, or processed is done so in compliance with GDPR, protecting the privacy rights of EU investors.
5.4. Ongoing Regulatory Changes
The regulatory environment for hedge funds, particularly those involved in AI/ML-based systematic macro trading, is subject to frequent changes. Technological advancements, market disruptions, and global financial crises often prompt regulatory bodies to review and revise existing rules or introduce new regulations. The Fund continuously monitors legal and regulatory developments to ensure that its operations remain compliant with all applicable laws.
Any material changes in the regulatory framework that could impact the Fund’s operations or the rights of investors will be promptly communicated to all investors and reflected in the Fund’s legal documents.
5.5. Investor Acknowledgement of Regulatory Status
By investing in the Fund, investors acknowledge that:
- 1. They have reviewed and understand the Fund’s regulatory status and any applicable exemptions from registration.
- 2. They are familiar with the regulatory requirements governing hedge funds and investment managers, including the limitations and restrictions imposed by applicable exemptions.
- 3. They understand that the Fund operates in a complex regulatory environment and may be subject to changes in regulations, reporting obligations, or operational restrictions.
- 4. They accept the risks associated with investing in an exempt hedge fund, including the absence of certain regulatory protections that may apply to registered funds or advisers.
6. Forward-Looking Statements
This website and other communications from the Fund may contain forward-looking statements that reflect the Fund’s expectations, estimates, projections, and assumptions concerning future events, conditions, plans, or performance. Forward-looking statements are inherently uncertain and involve risks and uncertainties that could cause actual outcomes or results to differ materially from those anticipated. Potential investors and other users of this website are cautioned not to place undue reliance on these statements, as they are not guarantees of future performance.
6.1. Nature of Forward-Looking Statements
Forward-looking statements are expressions of the Fund’s expectations or beliefs about the future. These statements can be identified by words such as:
- "anticipate"
- "expect"
- "intend"
- "plan"
- "believe"
- "estimate"
- "forecast"
- "predict"
- "seek"
- "could"
- "should"
- "may"
- "will"
- "continue"
- and other similar expressions.
These statements may concern, but are not limited to:
- The future performance of the Fund’s AI/ML-based systematic macro trading strategies.
- Market conditions and economic trends.
- Expectations regarding investment returns, volatility, and risk.
- Predictions about global currency markets, commodity markets, and related sectors.
- The potential impacts of regulatory changes or geopolitical developments.
- The adoption and integration of artificial intelligence and machine learning technologies in the financial markets.
- Assumptions regarding the effectiveness and accuracy of the Fund’s proprietary trading models.
6.2. Assumptions Underlying Forward-Looking Statements
The forward-looking statements made by the Fund are based on a number of assumptions and estimates, many of which are outside the Fund’s control. These include, but are not limited to, assumptions regarding:
- The continued development and reliability of the Fund’s AI/ML algorithms.
- The availability of accurate, high-quality market data for the models to process.
- Stable and favorable macro-economic conditions in the markets in which the Fund operates, particularly in the foreign exchange (FX) and commodities sectors.
- The Fund’s ability to identify and capitalize on profitable opportunities in the global markets.
- The liquidity and efficiency of the markets in which the Fund trades.
- Technological advancements in AI/ML systems that support the Fund’s trading operations.
- The absence of unexpected and severe market disruptions, such as natural disasters, political crises, or major regulatory changes.
These assumptions are based on the Fund’s management’s understanding of current market conditions, prevailing economic factors, historical data, and future projections. However, they are inherently uncertain and may not hold true in the future, particularly in the context of highly volatile and unpredictable markets.
6.3. Risks and Uncertainties Inherent in Forward-Looking Statements
Forward-looking statements are subject to a wide range of risks and uncertainties that may cause actual results to differ materially from what is anticipated. These include, but are not limited to, the following risks:
- Market Risk: The global financial markets, particularly foreign exchange and commodities markets, are inherently volatile and subject to unpredictable fluctuations. The Fund’s AI/ML models are based on historical data and market patterns, but these models may not accurately predict future events, leading to unexpected losses.
- Technological Risk: The Fund relies heavily on advanced technology, including AI/ML systems, to execute its trading strategies. Technological failures, errors in algorithms, or cyberattacks could lead to significant financial losses. Moreover, AI/ML systems are continuously evolving, and future developments may render current models obsolete or less effective.
- Model Risk: AI/ML-based models used by the Fund to execute its systematic macro strategies are complex and subject to model-specific risks. The assumptions and algorithms behind these models may not fully capture all market dynamics, and unexpected market conditions or events could cause these models to perform poorly.
- Regulatory Risk: The financial industry is subject to extensive regulation. Changes in laws, regulations, or governmental policies in the jurisdictions in which the Fund operates could adversely impact its performance or operational flexibility. These changes may include restrictions on leverage, use of derivatives, or capital requirements, as well as new rules governing AI and financial technologies.
- Economic and Geopolitical Risk: The performance of the Fund’s strategies is closely tied to macroeconomic conditions and geopolitical events. Global trade disputes, monetary policy changes, interest rate fluctuations, or currency interventions by central banks could significantly impact the Fund’s positions. Additionally, political instability, natural disasters, pandemics, or other unforeseen global events could disrupt market conditions and cause unexpected losses.
- Liquidity Risk: Markets in which the Fund operates may experience periods of illiquidity, especially in times of market stress. The Fund’s ability to quickly liquidate positions or execute trades at favorable prices may be impaired, leading to significant losses.
- Operational Risk: Operational risks, including failures in internal systems, processes, or third-party service providers, could negatively affect the Fund’s ability to execute trades or manage risk effectively. This could include disruptions in trading platforms, execution errors, or breakdowns in communication with counterparties.
6.4. No Guarantee of Future Results
The forward-looking statements made by the Fund reflect current expectations about future events and market conditions. However, past performance is not indicative of future results, and there is no guarantee that the Fund’s AI/ML-based systematic macro strategies will achieve their intended objectives. Potential investors should understand that all investments, including those in hedge funds, carry risks, and the possibility of substantial losses exists.
The Fund expressly disclaims any obligation to update or revise any forward-looking statements to reflect changes in conditions or circumstances, whether as a result of new information, future events, or otherwise, unless required by applicable law. Investors should not assume that the information contained in forward-looking statements remains accurate at any point in time after the date of publication.
6.5. Investor Acknowledgement
By reviewing this website or other communications from the Fund, investors and potential investors acknowledge that:
- 1. They have been informed of the risks associated with forward-looking statements.
- 2. They understand that actual results may differ significantly from those expressed in forward-looking statements.
- 3. They will not rely solely on forward-looking statements in making investment decisions, and they will seek independent advice as needed.
6.6. Material Changes in Forward-Looking Statements
In the event of any material changes in forward-looking statements or the assumptions underpinning those statements, the Fund may, at its discretion, provide updates to investors through appropriate channels, such as periodic reports, investor communications, or website updates. However, the Fund is under no obligation to provide continuous updates on forward-looking statements.
7. Confidentiality and Proprietary Information
This section outlines the policies and protections regarding the confidential and proprietary information of the Fund. By accessing this website or engaging with the Fund in any capacity, users, investors, and potential investors agree to respect the confidentiality and proprietary nature of the information shared by the Fund. The Fund’s confidential information is a valuable asset, and safeguarding its proprietary models, data, and strategies is critical to maintaining its competitive advantage.
7.1. Definition of Confidential Information
Confidential Information refers to any and all information shared by the Fund that is not publicly available and is treated as confidential by the Fund. This may include, but is not limited to:
- Proprietary trading strategies, including those related to the Fund’s AI/ML-based systematic macro trading models.
- Investment methodologies, including algorithms, data analysis processes, and model architecture.
- Business plans and financial models.
- Performance data and trade execution information.
- Information regarding the Fund’s portfolio positions, holdings, or investments.
- Internal processes, technology platforms, and operational frameworks used by the Fund.
- Any materials, documents, or communications shared with investors or potential investors during the course of due diligence or ongoing investor relations.
- Market research, data sets, or analytical tools developed or acquired by the Fund.
- Third-party confidential information that has been provided to the Fund under a non-disclosure agreement (NDA) or other confidentiality provisions.
- Intellectual property such as copyrights, trademarks, trade secrets, or patents owned or controlled by the Fund.
7.2. Obligations of Confidentiality
By accessing this website or engaging with the Fund, visitors and potential investors agree to maintain the confidentiality of the Fund’s proprietary information. This obligation applies whether the information is obtained through this website, via direct communications, or through any other means. Specifically, the recipient of any confidential information is required to:
- Refrain from disclosing any confidential information to any third party without the prior written consent of the Fund.
- Limit access to confidential information only to those employees, agents, or advisors who need such information for the purpose of evaluating or managing an investment in the Fund and who are bound by similar obligations of confidentiality.
- Use confidential information solely for the purpose of assessing the Fund’s investment opportunities or engaging in business with the Fund and for no other purpose.
- Take reasonable measures to protect the confidentiality of the information, including employing security protocols, encryption, and data protection practices to prevent unauthorized access or disclosure.
Any unauthorized disclosure or use of the Fund’s confidential information may result in significant financial or reputational damage to the Fund, and such actions may be subject to legal recourse.
7.3. Proprietary Information and Intellectual Property Rights
The Fund has invested substantial resources in the development of its proprietary trading strategies, AI/ML algorithms, data sets, and investment models. All such information is considered proprietary and is protected by applicable intellectual property laws, including trade secret, copyright, and patent laws. The Fund retains all rights, title, and interest in and to its proprietary information, including any improvements, modifications, or derivatives created from such information.
By accessing this website or engaging with the Fund, you acknowledge and agree that:
- No ownership rights to the Fund’s proprietary information are granted or transferred to you, whether through your use of the website, participation in an investment, or other interactions with the Fund.
- You are prohibited from copying, distributing, modifying, reverse-engineering, or creating derivative works from the Fund’s proprietary trading models, algorithms, or other confidential materials, whether in whole or in part.
- Any unauthorized use or disclosure of proprietary information will constitute a breach of these terms and may result in legal action by the Fund, including claims for damages, injunctive relief, or other remedies as available under the law.
- The Fund’s intellectual property, including but not limited to trademarks, logos, trade names, and service marks, may not be used without the Fund’s prior written consent.
7.4. Exceptions to Confidentiality
There are limited circumstances under which disclosure of confidential information may be permitted, including the following:
- Legal or regulatory requirements: The Fund acknowledges that in certain situations, recipients of confidential information may be required by law or regulation to disclose such information. In such cases, the recipient agrees to notify the Fund promptly in writing before any disclosure is made, so that the Fund has the opportunity to seek a protective order or other remedy to prevent or limit the disclosure.
- Public domain: Confidential information does not include information that is or becomes publicly available without breach of any confidentiality obligation. If the information enters the public domain through no fault of the recipient, the obligation to maintain confidentiality no longer applies.
- Authorized disclosure: The Fund may provide express written consent for the disclosure of certain confidential information. Such consent must be specific, in writing, and limited to the purpose outlined in the authorization.
7.5. Third-Party Confidential Information
In the course of its operations, the Fund may receive confidential information from third parties, including service providers, strategic partners, or investors. Such third-party information is subject to the same confidentiality protections outlined in this section. The Fund is committed to safeguarding all third-party confidential information and requires that its employees, agents, and representatives adhere to confidentiality obligations with respect to this information.
Recipients of any third-party confidential information obtained through the Fund are likewise required to:
- Treat third-party information with the same level of care as the Fund’s proprietary information.
- Refrain from disclosing or using third-party information for any purpose other than those authorized by the Fund or the third party itself.
7.6. Consequences of Breach of Confidentiality
Any breach of these confidentiality obligations may result in significant harm to the Fund, including but not limited to loss of competitive advantage, financial damages, or reputational harm. The Fund reserves the right to pursue legal action against any individual or entity responsible for the unauthorized disclosure or use of its confidential information.
Potential legal remedies available to the Fund may include:
- Injunctive relief: The Fund may seek a court order to prevent the further disclosure or use of confidential information.
- Monetary damages: The Fund may pursue compensation for any financial losses resulting from the breach of confidentiality.
- Termination of access: The Fund reserves the right to terminate access to confidential information or any investment relationship if a breach of confidentiality occurs.
7.7. Duration of Confidentiality Obligations
The obligations to protect the Fund’s confidential information remain in effect indefinitely, even after an individual or entity ceases to engage with the Fund or withdraws from any investment relationship, unless otherwise agreed in writing by the Fund.
7.8. Investor Acknowledgement
By accessing this website or engaging in any communications with the Fund, potential investors and other parties agree to the terms of this Confidentiality and Proprietary Information section and acknowledge the importance of safeguarding the Fund’s proprietary information.
8. Tax Considerations
Investing in the Fund involves significant tax considerations that may vary depending on the jurisdiction and personal circumstances of each investor. Tax laws are subject to change, and it is important that each investor seeks independent tax advice tailored to their specific situation. The Fund does not provide tax advice, and the following information is for general informational purposes only.
8.1. Taxation of Hedge Fund Investments
Hedge funds, including the Fund, are typically structured to optimize tax efficiency; however, investors should be aware that various tax consequences can arise based on the nature of the investments, the legal structure of the Fund, and the investor’s residency or citizenship status.
U.S. Federal Income Tax
For U.S. investors, the tax treatment of income and gains from hedge fund investments will generally depend on the specific type of income (e.g., interest, dividends, capital gains, etc.) earned by the Fund and allocated to investors. Common tax treatments include:
- Short-term capital gains: Any gains from investments held by the Fund for less than one year may be taxed at the investor’s ordinary income tax rate.
- Long-term capital gains: Gains on investments held for more than one year may qualify for lower tax rates.
- Ordinary income: Income from interest, dividends, or other sources may be taxed at standard income tax rates.
- Qualified dividends: In some cases, dividends may be taxed at a lower rate if they meet specific qualifications under U.S. tax law.
The Fund’s allocations of income, gain, and loss to U.S. investors are typically reported on Schedule K-1 (Form 1065) for partnerships. Investors will use this form to report their share of the Fund’s income on their individual tax returns. However, U.S. tax treatment of income may be complex, particularly if the Fund engages in certain types of financial transactions, such as derivative trading, which may trigger specific tax rules.
Non-U.S. Investors
For non-U.S. investors, the U.S. tax implications can differ substantially, depending on whether the investor is considered a resident or non-resident for tax purposes. Non-resident investors may be subject to U.S. withholding tax on certain types of income, such as:
- Dividends: Dividends paid by U.S. corporations to non-resident investors are typically subject to a 30% withholding tax, unless reduced by an applicable tax treaty.
- Interest: Some types of U.S. source interest may be subject to withholding tax, but certain exemptions (such as the portfolio interest exemption) may apply.
- Effectively connected income (ECI): Non-resident investors may be subject to U.S. tax on income that is effectively connected with a U.S. trade or business conducted by the Fund.
In addition, non-U.S. investors may be subject to FIRPTA (Foreign Investment in Real Property Tax Act) if the Fund invests in U.S. real estate or real estate-related securities.
Non-U.S. investors should consult with a tax advisor to understand the potential withholding tax obligations, as well as any available tax treaty benefits that may reduce withholding rates. Furthermore, non-U.S. investors may have tax reporting obligations in their home countries on income earned from the Fund.
State and Local Taxes
In addition to federal taxes, investors may be subject to state and local taxes depending on their place of residence. Many states impose taxes on capital gains, interest, dividends, and other forms of income. Investors should review their specific state tax laws and consult with a tax professional to understand their potential liabilities at the state and local levels.
For example, residents of states with no income tax, such as Florida, may not owe state tax on income earned from the Fund, while residents of states with high income taxes, such as California or New York, may be subject to additional tax liabilities. It’s also important to note that some states may have different treatment of hedge fund allocations, such as recognizing capital gains as ordinary income.
8.2. Foreign Taxes
Investors residing outside the U.S. may also be subject to foreign tax obligations on income earned from the Fund, even if that income is sourced from the U.S. Investors may need to report their share of the Fund’s income in their home countries and pay taxes according to local tax laws. These tax obligations may include:
- Income taxes: Income earned from the Fund, including dividends and interest, may be taxable under local law.
- Capital gains taxes: Gains realized from the sale of investments within the Fund may be subject to local capital gains taxes, which can vary significantly from country to country.
- Wealth taxes: In certain jurisdictions, hedge fund investments may be subject to wealth taxes, which tax the total value of an individual’s assets rather than income or gains.
8.3. Tax Deferral and Timing Considerations
Investors in hedge funds often experience deferral of tax obligations, as the tax treatment of gains or income may not occur until distributions are made or an investor’s interest in the Fund is sold or redeemed. However, investors should be mindful of several key timing considerations:
- Phantom income: Hedge funds, including the Fund, may generate phantom income, where taxable income is reported to investors even though no cash distributions are made. Investors may be required to pay taxes on their share of the Fund’s income without receiving a corresponding cash distribution, necessitating the need for liquidity outside of the investment to meet tax obligations.
- K-1 timing: U.S. investors typically receive Schedule K-1 forms after the close of the tax year. However, delays in receiving these forms can occur, which may complicate the investor’s ability to timely file tax returns.
- Year-end distributions: The timing of income recognition may depend on when the Fund makes distributions to investors. Large year-end distributions can result in significant taxable events for investors.
8.4. Tax-Efficient Structures
The Fund may seek to utilize tax-efficient investment structures to optimize tax outcomes for investors. Such structures might include:
- Offshore feeder funds for non-U.S. investors, providing a layer of tax efficiency by segregating U.S. and non-U.S. investor tax treatment.
- Master-feeder structures, which allow the Fund to aggregate capital from both U.S. and non-U.S. investors while providing tailored tax treatment for each group.
- The use of blocker corporations or entities to mitigate certain tax liabilities for investors.
- Structuring investments to take advantage of tax treaty benefits and tax deferral opportunities where applicable.
However, the efficacy of such structures can vary based on individual investor circumstances, the nature of the investments, and changes in tax laws. Investors should consult tax advisors to evaluate the impact of the Fund’s structure on their personal tax situation.
8.5. Partnership Tax Treatment
The Fund is likely organized as a limited partnership, meaning that it is not taxed as an entity at the federal level. Instead, the Fund’s income, gains, losses, and deductions are passed through to individual investors based on their pro-rata share of the Fund’s performance. This tax treatment differs from that of C corporations, which are subject to double taxation (corporate tax at the entity level and dividend tax at the shareholder level).
8.6. Tax Reporting and Compliance
Investors in the Fund are responsible for ensuring compliance with all relevant tax laws, including filing accurate and timely tax returns. The Fund may provide certain documentation, such as:
- Schedule K-1s (for U.S. investors in partnerships).
- Form 1099-DIV and Form 1099-INT (for U.S. individual investors receiving dividends or interest).
- Form 1042-S (for non-U.S. investors subject to U.S. withholding tax).
However, investors are responsible for interpreting these forms and accurately reflecting their share of the Fund’s income or losses on their individual tax returns.
8.7. Tax Law Changes
Tax laws and regulations are subject to change at any time. Recent legislation, such as the Tax Cuts and Jobs Act of 2017 and ongoing debates around tax reform, can significantly impact the taxation of hedge fund investments. For example:
- Changes to capital gains rates or the taxation of carried interest could affect the after-tax returns of the Fund’s investors.
- Proposed increases in corporate tax rates or the treatment of derivatives and other financial instruments could impact the Fund’s tax efficiency and overall returns.
- Changes to international tax rules may affect the withholding tax obligations or tax treaty benefits for non-U.S. investors.
Investors should be aware of the potential impact of these changes and consult with a qualified tax advisor to stay informed of any updates that may affect their investment.
8.8. Investor Acknowledgement
By investing in the Fund, investors acknowledge that they have consulted with their own tax advisors regarding the tax consequences of their investment and that the Fund is not responsible for any tax liabilities incurred by investors. Each investor is solely responsible for complying with all applicable tax laws and reporting requirements in their respective jurisdictions.
9. Limitation of Liability
The information provided on this website, as well as any communications from the Fund, is offered solely for informational purposes and does not constitute investment, legal, tax, or other professional advice. By accessing this website or engaging with the Fund in any capacity, users, investors, and potential investors agree to the following terms regarding the limitation of the Fund’s liability.
The Fund and its affiliates, directors, officers, employees, agents, contractors, service providers, and licensors (collectively referred to as “Fund Parties”) disclaim any and all liability arising from the use of this website, the investment process, or any reliance on the information or materials provided herein.
9.1. No Warranties or Representations
The Fund makes no express or implied warranties or representations regarding the accuracy, reliability, or completeness of any information or materials provided on this website. All content is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Warranties arising from course of dealing, course of performance, or usage of trade.
- Accuracy, timeliness, or reliability of data, content, or materials.
The Fund disclaims any obligation to update, modify, or correct any information contained on this website, including forward-looking statements, performance data, or market commentary. Users acknowledge that all investment decisions are made at their own discretion and risk and that the Fund does not warrant that the information provided is suitable for any particular investment objectives, financial situation, or risk tolerance.
9.2. No Liability for Errors, Omissions, or Interruptions
The Fund Parties shall not be liable for any errors, omissions, or interruptions in the content or operation of this website, or for any loss, damage, or inconvenience resulting from:
- Technical failures, including website unavailability, security breaches, or disruptions in internet service.
- Data inaccuracies or delays in the presentation of market data, research, or financial information.
- Human error in preparing, updating, or transmitting information on this website.
- Third-party errors or actions by vendors, service providers, or partners who provide information, content, or services to the Fund.
The Fund does not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components, and users assume full responsibility for any costs or damages arising from the use of this website, including data loss or damage to computer equipment.
9.3. Limitation on Damages
To the fullest extent permitted by law, the Fund Parties will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of this website, the Fund’s investment offerings, or any associated materials, regardless of whether such damages are based on:
- Contract, tort (including negligence), strict liability, warranty, or otherwise.
- Loss of profits, revenue, or opportunities.
- Economic losses, including loss of business, goodwill, data, or investment value.
- Claims by third parties arising out of reliance on information or materials provided by the Fund.
Even if the Fund or any of its affiliates have been advised of the possibility of such damages, they shall not be liable for:
- Losses that exceed the total amount of fees paid by the investor for the specific investment in the Fund over the preceding 12 months, in aggregate.
- Claims arising from unforeseen events, force majeure, or causes beyond the Fund’s control, such as market volatility, regulatory changes, or macroeconomic events.
Some jurisdictions may not allow the exclusion or limitation of liability for certain types of damages, and, as such, the above limitations may not apply in specific cases. However, the limitations outlined in this section shall apply to the maximum extent permitted by applicable law.
9.4. Third-Party Websites and Links
The Fund may provide links or references to third-party websites, services, or resources that are not under the control of the Fund. The Fund Parties are not responsible for the content, services, privacy policies, or practices of any third-party websites, and the inclusion of a link on this website does not imply endorsement or affiliation. Users acknowledge that:
- Accessing or using third-party websites is done at their own risk.
- The Fund shall not be liable for any damages, losses, or consequences resulting from the use of third-party websites or services, including reliance on information or materials provided by third-party websites.
The Fund encourages users to review the terms and conditions of any third-party websites before accessing or engaging with their content or services.
9.5. No Liability for Investment Losses
Investing in the Fund carries inherent risks, including the risk of financial loss, market fluctuations, and volatility. The Fund provides no guarantees regarding the performance of its investment strategies, and past performance is not indicative of future results. By investing in the Fund, investors acknowledge and agree that:
- The Fund is not responsible for any losses arising from market risks, trading decisions, or investment strategies employed by the Fund.
- Investors bear full responsibility for their own investment decisions, including the evaluation of risks and rewards associated with participating in the Fund.
- The Fund’s use of AI/ML-driven models and systematic macro strategies involves inherent uncertainties, and the outcome of these strategies may not align with investors’ expectations or objectives.
- Any investment in the Fund is made at the investor’s own risk, and the Fund Parties shall not be held liable for any direct or indirect financial losses, including the loss of principal or unrealized gains.
9.6. Indemnification
Investors and users of this website agree to indemnify, defend, and hold harmless the Fund Parties from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of:
- The investor’s or user’s access to and use of the website or any information provided by the Fund.
- Any violation of these terms or misuse of the Fund’s proprietary or confidential information.
- The investor’s failure to comply with applicable laws, regulations, or investment guidelines.
This indemnification clause extends to any losses or liabilities incurred by third parties as a result of the investor’s use of the Fund’s website, services, or investment products.
9.7. Securities Law and Regulatory Limitations
The Fund’s investment products and services are subject to the regulatory environment of the jurisdictions in which they are offered. Nothing on this website constitutes an offer to sell or the solicitation of an offer to buy any security or investment in any jurisdiction where such offer, solicitation, or sale would be unlawful or unregistered. Investors are responsible for determining the legality of investing in the Fund under their local securities laws.
- The Fund is not responsible for any legal, tax, or regulatory consequences that may arise from the purchase or sale of any securities, and investors are encouraged to seek independent legal and tax advice.
- The Fund disclaims all liability for failure to comply with any jurisdiction’s securities regulations or requirements, whether by reason of omission, reliance on incomplete information, or misunderstanding.
9.8. Forward-Looking Statements
Any forward-looking statements made by the Fund, whether on this website or in other communications, are inherently uncertain and are based on current market conditions, assumptions, and expectations. These statements are subject to risks and uncertainties that could cause actual results to differ materially from those expressed or implied. The Fund assumes no responsibility for updating or revising any forward-looking statements and disclaims liability for any losses resulting from reliance on such statements.
9.9. Investor Acknowledgement
By accessing this website or engaging with the Fund, investors and users acknowledge that they have read, understood, and agreed to the terms and limitations of liability outlined above. Users further acknowledge that the Fund Parties shall not be held responsible for any losses, damages, or claims arising out of their use of this website, participation in the Fund, or reliance on any information provided by the Fund.
10. Amendments and Modifications
The information, terms, and conditions provided on this website, including all legal disclaimers, disclosures, and any other relevant content, are subject to change, amendment, or modification at any time, at the sole discretion of the Fund. By accessing this website or engaging with the Fund, users acknowledge and agree to the following conditions regarding amendments and modifications:
10.1. Right to Modify
The Fund reserves the exclusive right to amend, update, alter, or otherwise modify the content, policies, or legal provisions outlined on this website without prior notice to users, investors, or other parties. These changes may occur for several reasons, including but not limited to:
- Compliance with new laws, regulations, or guidance issued by regulatory authorities.
- Adjustments to reflect evolving market conditions or changes in the Fund’s business strategy or operations.
- Updates to reflect technological advancements or modifications to the Fund’s investment models, including AI/ML-driven strategies.
- Enhancements to the website’s user experience, interface, or security protocols.
Changes may be implemented immediately or over time, at the Fund’s discretion, and users are responsible for regularly reviewing the website’s terms and conditions for any updates or modifications.
10.2. Communication of Changes
While the Fund endeavors to communicate significant changes to users and investors, it is not obligated to provide individualized notifications or announcements regarding amendments to the website’s legal disclaimers or terms. Any updates will be reflected on this website, and the Fund may, at its discretion, issue the following types of notifications:
- Website announcements, such as banners or notifications on the homepage.
- Email notifications to registered users or investors, when deemed appropriate by the Fund.
- Investor reports or updates, as part of regular communications regarding the Fund’s performance or operational changes.
The absence of a direct notification does not absolve users or investors from being bound by the amended terms once they are published on the website. Continued access to or use of this website following any amendment constitutes acceptance of the revised terms and conditions.
10.3. Binding Effect of Modifications
Once posted on this website, any changes to the legal disclaimers, disclosures, or other terms are binding on all users, investors, and visitors. The following applies:
- Any prior versions of the terms and conditions are superseded and void, meaning users are bound by the current version in effect at the time they access or use the website.
- The Fund is not liable for any confusion, misunderstanding, or misinterpretation that may arise from users’ failure to review updated terms.
- Investors who entered into agreements or arrangements with the Fund prior to any modification should be aware that ongoing use of Fund services, including participation in Fund investment vehicles, signifies acceptance of the latest terms.
If at any time a user or investor does not agree to any amendments, modifications, or updates, their sole remedy is to cease using the website and terminate any participation in Fund services. However, all obligations and commitments entered into prior to such cessation remain valid and enforceable.
10.4. Scope of Modifications
Amendments or modifications may extend to the following aspects of this website and the Fund’s operations, including but not limited to:
- Investment terms: Changes to the Fund’s investment vehicles, offerings, or strategies, including risk parameters, minimum investment thresholds, or eligibility criteria.
- Performance disclosures: Updates to reflect performance data, historical results, and associated disclaimers related to past performance not being indicative of future outcomes.
- Regulatory compliance: Amendments to reflect new regulatory requirements, reporting obligations, or compliance policies across different jurisdictions.
- Tax-related content: Modifications to reflect updates in tax laws or guidance that may impact the Fund’s operations or investor tax obligations.
- Risk warnings: Expansions of risk disclosure sections to provide additional clarity on potential market risks, including those related to the Fund’s use of AI/ML strategies and systematic macro approaches.
These modifications are designed to ensure the Fund’s content remains accurate, compliant, and reflective of current business practices. Users acknowledge that their relationship with the Fund, including any investment participation, is subject to these evolving terms.
10.5. Retrospective and Prospective Application
Modifications to the website’s legal terms may have both prospective and retrospective application, as determined by the Fund. Specifically:
- Prospective application refers to terms that govern conduct, access, or investment decisions made after the date of the amendment. These terms apply to new users or investors who engage with the Fund following the effective date of the amendment.
- Retrospective application may occur when the Fund implements regulatory or legal changes that necessitate updated disclosures or risk warnings applicable to existing users or investors. In such cases, existing agreements or relationships may be subject to the revised terms, unless otherwise stated by the Fund.
Any modifications affecting core investor rights, responsibilities, or legal obligations will be communicated clearly through the Fund’s preferred communication channels, although the timing and format of these communications remain at the Fund’s discretion.
10.6. User Responsibility
It is the responsibility of all users, investors, and prospective investors to regularly review the website and stay informed about any amendments or modifications to the legal terms, disclaimers, and policies governing the Fund’s activities. By doing so, users acknowledge and accept the following:
- Due diligence: Users should perform their own due diligence in understanding how any amendments may impact their interaction with the Fund or their investment decisions.
- Third-party reliance: Users should not rely on third-party summaries, commentaries, or interpretations of the Fund’s legal terms. The Fund’s official website is the authoritative source of current terms and conditions.
The Fund will not be held responsible for any failure by users or investors to understand the implications of updated terms or for any resulting misunderstanding or dispute.
10.7. Governing Law
Any modifications or amendments to the Fund’s legal disclaimers and disclosures are governed by the laws of the State of Florida. Disputes arising from changes to these terms are subject to the exclusive jurisdiction of the courts located in Miami-Dade County or Sarasota County, unless otherwise specified by applicable law. Users and investors agree that:
- They submit to the exclusive jurisdiction of these courts regarding any disputes arising out of the amended terms or the use of this website.
- The laws of the State of Florida shall prevail in interpreting any modifications to the Fund’s legal terms, unless preempted by applicable federal law.
10.8. Severability
If any provision of these legal disclaimers or disclosures, including any modifications or amendments, is found to be invalid, unenforceable, or void under applicable law, such provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions. The Fund may, at its discretion, modify or replace such provisions in accordance with the intent and purpose of these terms.
10.9. Investor Acknowledgement
By continuing to use the Fund’s website or engage with the Fund after any amendments or modifications, users and investors acknowledge that they:
- Have read, understood, and accepted the revised terms and conditions.
- Understand their responsibility to remain informed about updates to the Fund’s legal provisions.
- Agree to be bound by the most current version of the Fund’s terms, as amended from time to time.
Users or investors who do not agree with any amendments or modifications must discontinue their use of the website and cease their engagement with the Fund.
11. Jurisdiction and Governing Law
This website and all related services, information, communications, and disclosures provided by the Fund are governed by the laws of the United States and the State of Florida. By accessing this website or engaging with the Fund in any capacity, users, investors, and prospective investors agree to the terms outlined below regarding the applicable jurisdiction and governing law, with specific emphasis on the Fund’s locations in Miami, FL and Sarasota, FL.
11.1. Governing Law
The Fund’s operations, legal disclaimers, and disclosures are governed by, and construed in accordance with, the laws of the State of Florida and the United States of America, without giving effect to any principles of conflicts of law that may otherwise apply. This includes:
- Florida state laws: Any legal matters arising out of or related to the use of this website, the Fund’s operations, or any related agreements will be interpreted and governed by the laws of Florida, including the Florida Securities and Investor Protection Act, Florida Statutes governing business entities, contracts, and fiduciary duties.
- Federal laws: The Fund is subject to applicable federal laws and regulations, including those enforced by the U.S. Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the National Futures Association (NFA), and other relevant regulatory bodies governing financial markets, investment management, and the offering of hedge funds or similar investment vehicles.
11.2. Exclusive Jurisdiction
Any disputes, claims, or legal actions arising out of or relating to the use of this website, participation in the Fund’s investment products, or interpretation of the Fund’s legal disclaimers and disclosures shall be submitted to the exclusive jurisdiction of the state or federal courts located in Miami-Dade County, Florida, and Sarasota County, Florida. Users, investors, and prospective investors agree to:
- Submit to the exclusive jurisdiction of these courts for any disputes arising from or relating to the website, the Fund’s operations, or any agreements related to investment in the Fund.
- Waive any right to object to venue in these courts, including any claim of improper venue or inconvenient forum, as a condition of using this website or participating in any Fund services or offerings.
This exclusive jurisdiction provision applies to all users and investors, regardless of their domicile, nationality, or the location of their business activities, unless otherwise prohibited by applicable law.
11.3. Jurisdictional Considerations
As the Fund operates out of both Miami, FL and Sarasota, FL, these locations will serve as the primary venues for legal matters, including:
- Miami, FL: As the Fund’s primary location in the bustling financial district of Miami, any disputes related to the Fund’s operations, investment offerings, or legal obligations may be adjudicated in Miami-Dade County courts. Miami is a hub for international finance, and the Fund is subject to all relevant local, state, and federal regulations governing hedge funds, investment management, and financial transactions within this jurisdiction.
- Sarasota, FL: As an additional operational base, Sarasota provides another venue for legal matters pertaining to the Fund’s business operations, particularly those related to investor relations, compliance, and fund management. Legal disputes may also be addressed in Sarasota County courts, and all parties agree to the jurisdiction of these courts for resolving any issues related to Fund activities conducted from this location.
11.4. International Users and Cross-Border Disputes
The Fund may attract users and investors from outside the United States, including foreign jurisdictions with distinct legal and regulatory frameworks. However, all users and investors, regardless of their country of residence, agree that:
- The use of this website and participation in the Fund’s investment offerings are subject to the exclusive jurisdiction of the courts in Florida, as specified above.
- Users and investors from outside the United States understand that their investment in the Fund is governed by U.S. federal law and Florida state law, and that they are subject to the legal and regulatory environment of the U.S. when engaging with the Fund.
Any cross-border disputes or conflicts arising between the Fund and international users or investors will be adjudicated exclusively in the courts of Miami-Dade County or Sarasota County in the State of Florida, unless otherwise mandated by applicable international laws or treaties.
11.5. Enforcement of Judgments
Judgments rendered by the courts in Miami, FL or Sarasota, FL shall be enforceable against users, investors, or other parties in their home jurisdiction, to the fullest extent permitted by applicable law. International investors or users who engage with the Fund understand and accept that:
- Any judgment or court order issued by a Florida court may be enforceable in their country of residence, subject to applicable international enforcement treaties, conventions, or local laws.
- The Fund may pursue legal remedies or enforcement actions outside of the U.S., in accordance with international law, to secure judgments or remedies awarded by U.S. courts.
11.6. Alternative Dispute Resolution
While the Fund prefers to resolve disputes through formal legal channels within the State of Florida, it may, at its sole discretion, choose to engage in alternative dispute resolution (ADR) mechanisms, such as arbitration or mediation, for the purpose of resolving disputes with users, investors, or other parties. If the Fund elects to pursue ADR, the following will apply:
- Any arbitration or mediation shall take place in Miami, FL or Sarasota, FL, unless otherwise agreed to by the parties involved.
- The rules of arbitration shall be governed by the American Arbitration Association (AAA) or a comparable arbitration body, and any arbitration award shall be final and binding upon the parties.
- In the event of mediation, the parties agree to engage in good faith to resolve disputes, but any resolution achieved through mediation is non-binding unless formally agreed to by the parties in writing.
11.7. Regulatory Oversight and Compliance
The Fund’s operations are subject to the oversight of various regulatory bodies, particularly in the State of Florida and at the federal level. This includes:
- Florida Office of Financial Regulation (OFR): The Fund complies with all applicable Florida laws related to financial services, investment management, and hedge fund operations. The OFR provides oversight of financial institutions and securities regulation in Florida.
- Securities and Exchange Commission (SEC): As a hedge fund, the Fund is subject to federal securities laws, including the Investment Advisers Act of 1940, and must comply with SEC regulations regarding disclosures, performance reporting, and fiduciary duties to investors.
- Commodity Futures Trading Commission (CFTC) and National Futures Association (NFA): To the extent that the Fund engages in commodities or futures trading, it is subject to oversight by the CFTC and must comply with NFA membership requirements, including adherence to applicable rules regarding trading activities, reporting, and risk management.
Any legal disputes involving regulatory matters will be adjudicated in accordance with the relevant regulatory bodies’ rules, but the courts of Miami-Dade County and Sarasota County retain exclusive jurisdiction over legal claims, subject to applicable federal law.
11.8. Final Investor Acknowledgement
By using this website or engaging with the Fund, users, investors, and prospective investors acknowledge and agree that:
- They are subject to the exclusive jurisdiction of the courts in Miami, FL and Sarasota, FL, as described above.
- They waive any right to contest the jurisdiction or venue of these courts in any dispute arising from their interaction with the Fund, its website, or its services.
- They agree to comply with the governing laws of Florida and U.S. federal law, as applicable to their engagement with the Fund.
Contact Us
If you have any questions or concerns about our Legal Disclaimers and Disclosures, please contact us at info@goldentree.one.