Private Equity Fund Formation

Private Equity Fund Formation

We have experience forming private equity funds with sophisticated entity structures and investment strategies ranging from asset-based lending, biotechnology, debt financing, distressed debt, factoring accounts receivable, leveraged buyouts, oil and gas, payday loans, real estate, renewable energy, start-ups and technology.

We work alongside fund managers to develop the right fund structures by taking into account a variety of concerns ranging from investment strategy, intellectual property, cross-border trade, securities laws, taxation and much more. Our experience includes advising on fund formation by preparing fund offering documents, structuring general partner ownership stakes and providing ongoing support to private equity funds.

Once your fund is launched, we are able to continue advising your fund on its ongoing operations, structuring the fund’s portfolio investments and acquisitions, and counseling your fund’s portfolio companies in connection with their ongoing corporate and intellectual property needs.

We can help:

  • Your fund in selecting its optimal entity type whether that be a limited partnership, LLC or any other type of entity.
  • Advise your fund on its entity structure, communicating its investment strategy, fund manager compensation, liquidity provisions, hurdle rate provisions, valuation procedures and other fund terms.
  • Figure out the best entity structures for your fund in order to minimize your fund’s taxation.
  • Prepare your fund’s private placement memorandum, limited partnership agreement, subscription documents, investment advisory contract and management company operating agreements for domestic and offshore entities.
  • Communicate your fund’s investment goals and strategy descriptions in the offering documents.
  • You understand how to properly use broker dealers, finders and third-party marketers in connection with raising capital, and we can also prepare and negotiate selling agreements as needed.
  • Prepare and file SEC Form D and state “blue sky” filings for your fund on an ongoing basis throughout the life of your fund.
  • Advise your fund on federal, state and foreign laws pertaining to prospective investor accreditation, qualification and suitability.
  • Provide you advice on capital raising rules and regulations such as the general solicitation of private equity fund investors via Rule 506(c) of Regulation D and the accredited investor verification requirements under Rule 501 of Regulation D.
  • Your fund find, select and implement exit strategies for its portfolio companies.
  • Introduce you to our network of private equity fund service providers such as fund administrators, auditors, prime brokers, asset custodians and other service providers specializing in servicing illiquid investment strategies.

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