| Investor Letter - Fourth Quarter 2008
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Dear Clients and
Friends,
In 2008, we achieved our primary goal of protecting
client capital in a very difficult investment environment in
all asset classes. We continue to deliver on our investment
goal of keeping up in good markets and protecting client
capital in bad ones.
Over the last two years, the
stock market has endured one of its worst performances in
generations. While the the S&P 500 fell 33% over the past
two years, the Hurley Capital Composite of client accounts has
achieved slightly positive returns for our clients over the
same period. We believe our investment process has been tested
and validated by its performance in these markets and our
clients are well-positioned to benefit when better markets
return. As a comparison, while the Hurley Capital Composite is
slightly above December 2006 levels, the S&P 500 will need
to rise about 50% from its 2008 year-end value to recoup its
losses of the last two years.
Morningstar, a leading
independent research and rating agency, has recognized the
risk-adjusted performance of our Core Equity strategy by
giving us a five-star rating. This is their top rating and we
are honored to receive this third-party recognition of our
work.
We have received many referrals as individuals
rethink investment strategies and relationships. We appreciate
your confidence in us and thank you for your
consideration.
Sincerely,
Charles Goldblum,
CFA
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Hurley Capital
Composite Down 14% In 2008, S&P 500 Down
37%
For 2008, the Hurley Capital Core Equity Composite of
accounts managed by Hurley Capital fell 14.0% after all fees
and expenses. In comparison, the S&P 500 fell 37.0%,
including dividends.
Since inception (August 2003), we've provided total
cumulative returns after fees in excess of 50%, while the
S&P 500 total return is negative over the same time frame.
2008 outperformance was due to three
factors: (1) Sticking to our investment
process, which means looking for cheap companies in
strong industries to buy, and avoid everything else. This
process enabled us to sell some winners earlier in the year,
such as Coca-Cola, Canadian Natural Resources and half of our
position in WalMart. (2) Selective short
selling, where we look for expensive companies in weak
industries. In 2008 we were successful shorting Choice Hotels
and International Speedway. Short selling has provided profits
for our clients in both rising and falling markets. The
composite rarely holds more than one short sale, and never
more than two. (3) Using options to reduce
risk. Neither Avid nor Dell were winners for us in
2008, but the use of options substantially reduced our losses.
Comparison Of Change In
Value of $10,000 Investment, Net Of
Fees
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Hurley Capital Value
Equity Receives 5-Star Rating
 We are pleased to
announce that Morningstar, a leading provider of research on
mutual funds and separate account managers, gave the Hurley
Capital Value Equity strategy its top rating (5-stars) as of
September 30, 2008 in recognition of our risk-adjusted
performance. Morningstar is
best known for rating mutual funds and maintaining a database
of investment managers for asset
allocators.
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Recent Investment: Lawson
Software 2.5% Senior Convertible Note Due 2012
This investment suits our defensive and
conservative investment style, with the potential to provide
double-digit returns for our clients.
Lawson Software
is a mid-size software company with about $850 million in
annual revenues. This convertible bond matures in April 2012,
and we project receiving a 16% annualized return from our
purchase in October until that time.
The facts are as
follows: - We Project Double-Digit
Returns - We bought the debt at 65 cents on the dollar,
which means that in April 2012, Lawson is obligated to pay us
$1 for every 65 cents we invested in the bond. This gain plus
the 2.5% annual interest due on each $1 of debt constitutes
the expected return. - They Have The Cash To Pay
Us Back - As of August 31, 2008, the company had
$360 million in cash and only this $240 million convertible
debt outstanding. So, if the debt was due today, the company
has the cash to pay us back. - They Are Expected To
Continue Generating Cash - During the 12 months ended
May 2008, Lawson generated approximately $58 million in free
cash flow. While revenues in the year ending May 2009 may not
equal the prior year, we believe Lawson should be able to
generate cash. In November, Lawson announced a 5% headcount
reduction and has taken steps to reduce annual expenses by
$40-50 million - If We're Wrong, We'll Still
Get Paid - We believe that should Lawson lose all their
cash and go broke today, that the company could be sold for at
least $670 million, which is two times the value of their
customer maintenance revenues. This "salvage value" covers the
convertible debt outstanding by over 2.5x. - If They Do Great, We Can
Gain Added Benefit - As an added bonus, our convertible
bond can be converted to Lawson stock at $12.02 per share. So,
should the stock jump from it's current price ($4.94 on
January 5), we stand to benefit. This scenario may be
unlikely, but it's possible.
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Transparency, Liquidity And
Consistency
Since opening Hurley Capital in 2003, we have focused on
a client-centric business model. Our core values are
transparency, liquidity and consistency. Recent news has
reemphasized the importance of these concepts, which have been
central to us from the outset:
Transparency:
Clients accounts are custodied at Schwab Institutional.
Clients have web-access to their accounts and phone access to
Schwab representatives. Clients receive trade confirmations
and account statements directly from Schwab Institutional.
Hurley Capital has no access to withdraw client funds beyond
management fees in accordance with our client investment
management agreements.
Liquidity: Client
capital is available at all times. Some asset managers require
clients to commit capital for years at a time and withdrawals
may be limited.
Consistency: Our
investment process has remained the same since we started -
conservative and value-oriented. We invest alongside our
clients.
Furthermore, the Hurley Capital Core Equity
Composite, which forms the basis of our performance figures
below, is prepared in compliance with GIPS standards and is
verified quarterly by Ashland Partners, a 3rd party
verification firm.
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What To Watch
For
We continue to spend our time building and
maintaining conservative, value-oriented portfolios for our
clients; talking to companies, their suppliers, customers and
competitors. We are satisfied with the results so far and
strive to providing good risk-adjusted returns for clients
over the long-term. For more information on Hurley Capital,
including previous newsletters, please visit our website: Hurley
Capital. As you know, we are always available to
discuss any additional concerns you have during this volatile
period. Sincerely, Charles Goldblum,
CFA Hurley Capital
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Important
Disclosure
The performance
results presented herein reflect the performance of all actual
client accounts invested in the Hurley Capital Core Equity
Composite from inception (August 31, 2003) to September 30,
2008. The Hurley Capital Core Equity Composite allocates
client portfolios in equity and fixed income investments,
weighted according to Hurley Capital's proprietary investment
strategy. Actual client accounts utilizing the Hurley Capital
Core Equity Composite may have varying allocations between
equities and fixed income investments based on individual
investment preferences. The performance results of the Hurley
Capital Core Equity Composite are net-of-fees, brokerage
commissions, and other expenses and include the reinvestment
of dividends.
Past performance of the Hurley Capital
Core Equity Composite may not be indicative of future results
and the performance of a specific individual client account
may vary substantially from the composite results presented
herein in part because client accounts may be allocated among
several portfolios. Hurley Capital makes no representation
that the results presented herein reflect the typical
experience of a Hurley Capital client nor that current or
prospective clients will experience similar results.Different
types of investments involve varying degrees of risk, and
there can be no assurance that any specific investment will be
profitable.
Comparison of the Hurley Capital Core
Equity Composite to the S&P 500 Index is for illustrative
purposes only and the volatility of the S&P 500 Index may
be materially different from the volatility of the Hurley
Capital Core Equity Composite due to varying degrees of
diversification and/or other factors.
Reference to the
specific securities stated herein are for illustrative
purposes only and are not being referenced as a favored
investment of Hurley Capital. Hurley Capital is under no
obligation to hold any equity position for any time period and
Hurley Capital's current recommendations are subject to change
at any time without notice. The securities mentioned herein
should not be considered as personalized investment advice and
should not be construed as an endorsement, solicitation or
recommendation to purchase or sell any security. A complete
list of Hurley Capital's current recommendations is available
upon request.
Hurley Capital, LLC ("Hurley Capital") is
an SEC registered investment adviser with its principal place
of business in the State of New York. Hurley Capital and its
representatives are in compliance with the current
registration and notice filing requirements imposed upon
registered investment advisers by those states in which Hurley
Capital maintains clients. Hurley Capital may only transact
business in those states in which it is notice filed, or
qualifies for an exemption or exclusion from notice filing
requirements. Any subsequent, direct communication by Hurley
Capital with a prospective client shall be conducted by a
representative that is either registered or qualifies for an
exemption or exclusion from registration in the state where
the prospective client resides. For information pertaining to
the registration status of Hurley Capital, please contact
Hurley Capital or refer to the Investment Adviser Public
Disclosure web site (www.adviserinfo.sec.gov).
For
additional information about Hurley Capital, including fees
and services, send for our disclosure statement as set forth
on Form ADV from Hurley Capital using the contact information
herein. Please read the disclosure statement carefully before
you invest or send money.
Third-party rankings or
recognition by rating services or publications is no guarantee
of future investment success.
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Hurley Capital,
LLCCore Equity
CompositeAnnual Disclosure
Presentation

Core Equity Composite
contains fully discretionary core equity accounts and for comparison
purposes is measured against the S&P 500. Since inception, the
minimum account size for this composite has been $50
thousand.
Hurley Capital, LLC has prepared and
presented this report in compliance with the Global Investment
Performance Standards (GIPSŪ).
Hurley Capital, LLC is an
independent registered investment adviser with the states of New
York and Connecticut. The firm maintains a complete list and
description of composites, which is available upon
request.
Results are based on fully discretionary accounts
under management, including those accounts no longer with the firm.
Prior to August 2004, the composite had 100% non-fee paying accounts
in the composite. Composite performance is presented net of foreign
withholding taxes on dividends, interest income, and capital gains.
Withholding taxes may vary according to the investor's domicile.
Leverage/Derivatives may make up a material part of the composite
strategy which includes short selling, with the short position
covered by cash accounts that are marked to market on a daily basis.
Past performance is not indicative of future results.
The
U.S. Dollar is the currency used to express performance. Returns are
presented gross and net of management fees and include the
reinvestment of all income. Net of fee performance was calculated
using actual management fees. The annual composite dispersion
presented is an asset-weighted standard deviation calculated for the
accounts in the composite the entire year. Additional information
regarding the policies for calculating and reporting returns is
available upon request.
The investment management fee
schedule for the composite is 1.5% on the first $2 million, and
negotiable thereafter, or 1% on all balances plus 10% of annual
investment gains, subject to high-water marks. Actual investment
advisory fees incurred by clients may vary.
The Core Equity
Composite was created August 31, 2003. Hurley Capital, LLC's
compliance with the GIPS standards has been verified for the period
of August 31, 2003 through September 30, 2008 by Ashland Partners
& Company LLP. In addition, a performance examination was
conducted on Core Equity Composite beginning August 31, 2003. A copy
of the verification report is available upon request.
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