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An investor that falls below any of the foregoing levels of income/net worth after the investment in the hedge fund is made does not retroactively disqualify the investment; however, further investments by the no longer qualifying investor would appear to be non qualifying. As a result, it will be the rare manager that will not have to concern himself about whether he may properly charge performance from the investors. When conducting a compliance examination, the SEC audit team may review the procedures an advisor uses to ensure that any clients charged performance meet the applicable criteria.
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