We regularly advise clients on the formation, operation and regulation of private funds. We provide services to a broad range of advisors, investors and funds, including private equity funds, hedge funds, real estate funds, and venture capital funds throughout a fund’s lifecycle. We provide specialized fund formation services with an emphasis on the following key areas:
- Advise clients on investment objectives, formulating fund structure and defining risks associated with those objectives and structures
- Prepare Private Offering Memoranda, Limited Partnership Agreements, Operating Agreements, and Subscription Documentation
- Advise clients on fund structure, compensation structure, liquidity terms, valuation procedures, and subscription methods
- Advise clients on investor qualifications and suitability
- Prepare Investment Advisory Contract between investment manager and fund
- Review Custody Agreement and/or prime broker agreements with broker dealers
- Advise clients on marketing in compliance with Regulation D private offering exemption (general solicitation and general advertising issues)
- Advise clients on state and federal laws affecting funds including broker-dealer regulations, ERISA, the Commodity Exchange Act, tax matters, the Investment Advisors Act of 1940 and the Investment Company Act of 1940
- Prepare SEC Form D and “blue sky” filings on an ongoing basis for funds
- Assist fund managers with SEC and State investment adviser registration as required
- Assist in establishing relationships with fund administrators, accountants, custodians, prime brokers and other service providers