Fund Formation and Compliance
Funds and their managers are contending with an array of
compliance challenges, along with increased pressures from
investors, regulators and politicians. Deeply entrenched in
the world of investment funds, our lawyers have helped to
structure, restructure and develop compliance programs for some of
the most sophisticated and innovative funds and fund sponsors and
advisors worldwide. We leverage our extensive body of
regulatory experience and the sophisticated knowledge of our
securities and tax practitioners to develop sound structures, with
drafting and documentation skills that ensure compliance in the
short term and mitigate risk in the long term. Our deep bench
of securities and tax lawyers brings decades of experience
(including in several cases considerable prior government service)
in structuring tax-efficient funds, complying with the mandates of
multiple regulatory regimes, effective management compensation
arrangements, and tax compliance.
We have formed a diverse set of investment funds, including
hedge funds, real estate funds, private equity funds, US registered
investment companies and SBIC funds, and a range of hybrid
funds. Our experience includes structuring ‘fund complexes’
featuring single jurisdiction funds and offshore funds, utilizing
tandem investment and master-feeder structures.
As a go-to firm for energy trading, infrastructure, derivatives
and structured products (including asset-backed and mortgage-backed
securities), our lawyers are uniquely qualified to develop fund
structures that accommodate these innovative and complex
products. We provide guidance on capital-raising, corporate
governance, regulatory (SEC and FSA) compliance, portfolio
investments and relationships with placement agents and
advisers. We have extensive related experience with advising
governmental and other interests on securitization structures and
issues arising from the credit crisis.
Areas of Focus:
- Limited Partnerships and Limited Liability Companies
- Global Distribution Structures
- Tax structuring, including deferred compensation issues
- Seed capital arrangements
- Marketing and private placements
- Investor negotiations
- Joint venture arrangements
- Single-client arrangements, managed accounts and funds
- General partner/manager interests
- Regulatory compliance, including all relevant SEC and FSA
filings
- Service provider (prime broker, custodian, administrator and
other back office services)
- Exchange-Traded funds