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What Is a Gate Provision?


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    Highlights

  • Gate provisions empower fund managers to limit redemptions and prevent runs on funds with illiquid assets
  • They are detailed in prospectuses and invoked at the manager's discretion, often after legal consultation
  • Not all investors are affected equally, as side letters may exempt institutional clients
  • A famous example is Michael Burry's use in 'The Big Short' to protect a housing market bet, leading to massive profits despite initial unrest
Table of Contents

What Is a Gate Provision?

Let me explain what a gate provision is: it's a statement in a fund's offering documents that gives the fund manager the right to limit or halt redemptions. You'll find more details in the prospectus or offering documents, including scenarios where redemptions might be restricted or stopped completely.

These provisions aim to prevent a run on the fund, especially when the assets are illiquid and hard to convert to cash quickly for redemptions. Even with outlined scenarios and guidelines, it's ultimately the fund manager's decision to invoke the gate provision.

Understanding Gate Provisions

Gate provisions are there to restrict redemptions and stop runs on the fund. If you're dealing with a hedge fund holding complex investment products, unwinding those positions takes time. The provision is included in the fund's offering to avoid situations where redemption requests force liquidations in bad market conditions, which could hurt the fund even more.

The Gate Provision in Practice

When fund managers decide to use a gate provision, they typically need to notify investors in writing. This notification will explain why it's necessary and detail how much, if anything, investors can redeem. Invoking it is a serious step, usually involving consultation with an attorney, even though it's standard in most fund documents.

Since the decision is at the fund manager's discretion, investors whose money gets locked in often question that judgment. Interestingly, gate provisions don't always impact everyone the same way—institutional investors or preferred clients might have side letters exempting them from restrictions. Because of this, some hedge funds have dropped gate provisions entirely, as they don't cover most of the fund's capital.

A Famous Example of a Gate Provision

Enacting a gate provision is usually viewed as a negative event for a fund. However, there are cases where managers have used it to keep capital in place for a key part of their strategy.

One well-known example comes from the film 'The Big Short,' where Michael Burry invoked a gate provision to stop redemptions and hold onto his bet against the housing market until the mortgage crisis hit. His investors ended up with huge profits once it paid off, but the announcement of the gate was reportedly tough on everyone involved.

Fast Fact

Remember, this information is general and doesn't constitute tax, investment, or financial advice. It's presented without regard to any specific investor's objectives, risk tolerance, or circumstances, and it might not suit everyone. Investing carries risks, including the potential loss of principal.

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