Eminence funds avoid SEC

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Like Bartleby the Scrivener, the defiant draftsman from Herman Melville's story of that name, many of the biggest hedge funds continue to tell the U.S. Securities and Exchange Commission that when it comes to registering next February, they would "prefer not to."

The ranks of major hedge funds requiring two-year lockups on new capital is growing rapidly as the February 2005 deadline for registration with the SEC approaches. Joining the list in late November was Eminence Capital, Ricky Sandler's $2.3 billion New York-based long/short U.S. equity fund.

Others who plan to avoid registration include Tim Barakett's Atticus Capital Management,