High-Water Marks and Performance Fees
A rule in most hedge fund fee structures that stops a manager from collecting a performance fee twice on the same gains, by requiring the fund to recover any prior losses before performance fees can be charged again.
A hedge fund charges a 20% performance fee, standard for the industry. Without a safeguard, a fund could lose 20% one year, collect nothing (there's no profit to take a cut of), then gain back exactly 20% the next year and charge its investors a 20% fee on that recovery, even though the investor is still no better off than when they started, they've merely gotten back to where they were before ever paying anything. The high-water mark exists to stop exactly that: it requires the fund's value to exceed its previous highest level before any new performance fee can be charged.
A high-water mark is the highest net asset value a fund has ever reached. Performance fees are only charged on gains above that mark, so a manager must first make back any losses, dollar for dollar, before earning another performance fee on the same client's money.
How it plays out over a drawdown and recovery
Suppose an investor puts $1,000,000 into a fund with a 20% performance fee and a high-water mark provision.
Year 1: the fund loses 20%. Value falls to $800,000. No performance fee is charged, there's no gain. The high-water mark stays at $1,000,000, the highest value the account has ever reached.
Year 2: the fund gains 25%. Value rises from $800,000 to $1,000,000 (since ). The fund is exactly back to its starting value and the investor has made no net money across the two years. Because the account has only reached its old high-water mark, not exceeded it, still no performance fee is charged.
Year 3: the fund gains a further 10%. Value rises from $1,000,000 to $1,100,000, a genuine new high, $100,000 above the prior high-water mark. Only now does a performance fee apply, and only on the $100,000 of gain above the mark: , i.e. $20,000 in fees. The new high-water mark becomes $1,100,000.
Without the high-water mark provision, the manager would have collected a performance fee in both year 2 (on the "gain" from $800,000 back to $1,000,000) and year 3, despite the investor only ever being ahead by $100,000 across all three years combined.
What this means in practice
High-water marks are close to universal in hedge fund fee structures because investors simply won't accept paying performance fees on losses being recovered, it would mean paying twice for the same dollar of profit. The provision also shapes manager incentives in a specific, sometimes uncomfortable way: a fund sitting well below its high-water mark after a bad drawdown earns no performance fee until it fully recovers, which can push a struggling manager toward taking on more risk to climb back to the mark faster, or alternatively toward shutting the fund down and relaunching a new vehicle with a fresh high-water mark reset to the new, lower starting value.
A fund closing down after a bad year and its manager opening a nearly identical new fund shortly after is sometimes a deliberate way to reset the high-water mark, escaping the obligation to earn back prior losses before charging fees again. This is legal but worth flagging in due diligence, since it strips investors of the very protection the high-water mark was supposed to provide.
Related concepts
Practice in interviews
Further reading
- Ackermann, McEnally & Ravenscraft (1999), 'The Performance of Hedge Funds'
- Agarwal, Daniel & Naik, 'Role of Managerial Incentives and Discretion in Hedge Fund Performance'