According to Stephen Bornstein achieving the investment returns isn't enough . . .All of you portfolio managers, proprietary traders and research analysts accepting positions with new firms or striking out on your own should know that your track records are not automatically portable to your new situations.
The SEC has a lot to say about whether and how you can use your returns.
For one thing, your track record belongs to your current employer and not to you. If you're thinking of using it, you need permission from your employer to do so. Interestingly, if you get that permission, you and your former employer may both be able to use the same track record (with each of you footnoting your separation from the other).
You also need a complete and demonstrable electronic or physical record of all the transactions included in your investment returns, together with substantiating performance calculations. These records are also the proprietary property of your employer, so you need its permission to access, copy or remove them. …
Read more at http://www.newyorkcityassetmanagementlawblog.com/2012/01/taking-your-track-record-with-you.shtml
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