Practice Areas: Fund Formation
Hedge Fund Lawyers
We represent investment advisers who are interested in establishing domestic or offshore hedge funds. When establishing offshore funds, we coordinate with local counsel, fund accountants, auditors and other vendors with whom we have worked or vetted through our contacts.
In forming hedge funds we:
- Prepare a Private Offering Memorandum, Limited Partnership Agreement and Subscription Documents
- Prepare Investment Advisory Contracts for Advisers and Sub-advisers
- Advise on Custody Agreements and Prime Broker Arrangements
- Advice on capital raising in compliance with Regulation D
- Prepare SEC Form D and state filings on an ongoing basis for hedge funds
- Assist hedge fund managers with SEC or state investment adviser registration
- Advise regarding state and federal laws and regulations affecting hedge funds
- Assist in establishing relationships with hedge fund administrators, accountants, auditors, custodians, prime brokers and other service providers
We have also advised clients on the following issues:
- Marketing hedge funds, including marketing on the internet, without violating the prohibition on general solicitation and advertising
- Ensuring that investors are qualified to invest in the client’s hedge fund
- Compensating third party marketers and brokers who assist in raising capital for a hedge fund
- Using soft dollars to pay for services utilized by hedge funds
- Compiling a track record based on past performance of managed accounts that is AIMR and SEC compliant
- Trading hot issues if some investors fall into the “restricted persons” category
- Structuring hedge fund management and performance fees to ensure compliance with regulatory requirements, including the Investment Advisers Act of 1940 and ERISA regulations
- Complying with ERISA regulations including the 25% Plan Asset Limit
