Overview
Over the years, we have represented a diverse group of fund sponsors and fund investors interested in forming or investing in a variety of private funds such as buyout, venture, mezzanine, distressed businesses, hedge, real estate, secondary, hybrids and fund of funds.
Benesch has also advised numerous clients in the past three years on fund formation matters through various stages which are in process. These include clients who were interested in pledge funds, committed funds, fundless sponsor arrangements and other hybrid arrangements (including a captive fund).
Fund Formation Services
We assist clients with the following aspects of fund formation:
- Determining the proper structure
- Advising on current market terms and conditions
- Preparing the offering materials
- Negotiating with prospective investors
- Negotiating and documenting arrangements with placement agents
- Preparing partnership and LLC agreements
- Tax counseling
- Review and drafting of organizational documents
- Advising on and documenting management and compensation arrangements
- Advising on fiduciary obligations
- Negotiating side letters
- Advising on compliance rules and regulations of the SEC, FINRA and other regulatory agencies
- Advising on state and federal securities law compliance matters
- Closing fund formation transactions
