Fund Formation

We have extensive experience in all aspects of investment fund formation, including the representation of sponsors in the formation of new private investment vehicles, special purpose vehicles such series LLC’s and the representation of limited partners investing in funds. As such, we are able to meet the legal needs of investment fund sponsors, limited partners, and additional market participants such as placement agents.

CMD has built upon the traditional investment fund formation practice with an added focus on Pre-IPO Secondary funds, venture capital funds, hedge funds and private equity funds. Our fund formation attorneys regularly draw upon their expertise in the following:

  • Federal securities law matters
  • Compliance
  • Broker-dealer, investment adviser, and Investment Company Act regulatory matters

The fund formation practice has significant expertise in the regulatory aspects of investment funds. We help clients operate effectively and efficiently in compliance with the increasingly complex regulatory regimes that apply to private funds and investment management firms, including with respect to:

  • Complex structuring under the Investment Company Act
  • Investment Advisers Actconsiderations, including registration and ongoing compliance obligations
  • Broker-dealerregulation and FINRA obligations
  • Regulation D/Regulation S and other private placements under the Securities Act
  • “Internal” investment vehicles in larger organizations, including employee securities companies (ESCs) for organizations not traditionally in the pooled investment vehicle business

Non-investment companies making venture investments in structuring issues