To start and manage a private fund, you must consider market trends, regulations, securities laws, etc. Without the right insight and strategy, your private fund could collapse, causing you to lose your clients’ money while harming your reputation.
My RIA Lawyer is experienced in establishing, registering, and managing private funds.
Reach out to our private investment funds lawyer today to find out how we can help you with each step, from forming the fund to raising capital, ensuring compliance, preparing contracts, and more. While some firms step aside after forming the fund, we can serve as your partner.
A private fund is an investment vehicle that caters to a select group of sophisticated investors, allowing them to invest in various assets and asset classes. Private funds play a pivotal role in finance, providing access to a broad range of investment strategies and alternative investment opportunities that may not be readily available to retail investors.
Private funds encompass a diverse array of investment structures. These funds are managed by fund sponsors or general partner entities, which are responsible for designing and executing investment strategies in line with the fund’s business objectives.
One key distinction of private funds is that they operate under exemptions from certain federal securities laws, such as the Investment Company Act, which allows them to work closely with a limited number of investors, often referred to as limited partners.
These funds are typically formed by investment advisers who guide the fund formation process, including due diligence, deal terms negotiation, and structuring special purpose vehicles if necessary.
Private funds serve as a means for institutional investors, accredited investors, and high-net-worth individuals to diversify their portfolios across a full spectrum of investment opportunities.
These funds cater to various asset classes, from traditional ones like stocks and bonds to more specialized areas like real estate and private equity. Private funds often engage in fund restructurings, secondary market activities, and even tender offers, enhancing their investment strategies to adapt to market trends and regulatory issues.
Our private investment funds lawyer helps firms establish and register various types of private funds. Our practice areas include:
This isn’t an all-inclusive list of our practice funds. If your fund isn’t listed, please contact us for more information.
Private equity and investment companies are typically in charge of managing investments from businesses. Having a private funds lawyer is valuable when establishing and managing these funds.
First, the private investment funds lawyer can help the client raise necessary funds through partnership agreements. Once the funds are raised, the lawyer will form the fund by creating organizational documents, regulatory filings, and more.
Then, the private investment funds lawyer will ensure that all partners understand the regulatory requirements of the fund. Staying compliant is one of the most important aspects of managing a private fund. Even a small oversight can lead to an investigation, fines, and sanctions, so this information is crucial.
Ongoing legal support is necessary, regardless of the type of private fund. The attorney will review all promotional materials for the private fund, ensuring that each document meets legal guidelines.
The attorney can also answer investor questions on behalf of the business while being on hand to answer operational and structural questions for the firm. In addition, the lawyer can prepare amendments and side letters as needed and help managers modify the funds.
The private funds lawyer can also vet potential investors. After an evaluation, the lawyer can inform the manager if the investor is eligible or poses a risk to the fund.
Regulation D of the Securities Act provides a safe harbor from the standard registration requirement for private funds. To qualify for safe harbor, the fund cannot use general advertising or solicitation to sell securities.
Private fund managers must follow guidelines for all publications, targeted communications, and conference information. Also, the fund’s website has to comply with all guidelines. A private funds lawyer will review all communication to ensure they meet the regulations. If not, the attorney can create a strategy to get the communications into compliance.
The SEC monitors private funds, looking for violations. If it believes that a violation has occurred, it will initiate an investigation and hand out penalties. Often, the penalties include $1 million or more in fines. Violations are often related to conflicts of interest, marketing materials, and a failure to disclose fees and expenses.
A private funds lawyer will review your fund to ensure its compliance and can help you address any issues. With the help of a lawyer, you will stay within the law while managing your private fund. Contact us today for a consultation.
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Making the jump to start your own firm is a big decision. Its stressful, hard work, and you have to learn a ton. This why I decided to hire a professional team to help establish my RIA the right way the first time. My RIA Lawyer’s team is absolutely amazing. They have demonstrated expert knowledge, personable staff, and they have shown us how much they genuinely care about setting us up for success by giving us the tools we need to help others. Thank you Leila and Liz for all of your hard work!
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I worked with Leila as I was getting my new RIA firm up and running. Leila provided expert legal advice as a complement to the national compliance firm who was assisting me with my registration. I was introduced to Leila after I had already begun the process and not sure how I would have made it through without her. She was an invaluable resource and I look forward to working together again in the future!
I have used My RIA Lawyer for filing my Annual Amendments in the past and was very happy with their services and professionalism. Leila Shaver is very responsive, communicative, and extremely knowledgeable. I highly recommend their services!
Leila is an expert with compliance but she also offers a wealth of knowledge as a business owner. We discussed everything including compliance, marketing, business partnerships, and more. Even though my firm is not yet at a point to work with her, she has sent me multiple emails offering assistance with the things we spoke about during our meeting.
The attorneys at MyRIALawyer are always extremely attentive, responsive and competent. We look forward to expanding our relationship, as we continue to grow.
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Director of Compliance