EXPERIENCED HEDGE FUND ATTORNEYS
Capital Fund Law Group advises emerging and established hedge fund managers on all aspects of fund formation and ongoing operations. Our attorneys have spent their legal careers structuring domestic and offshore hedge funds in a wide variety of asset classes and investment strategies.
FLAT-FEE HEDGE FUND FORMATION
Our investment fund legal services include start-to-finish counsel with all aspects of launching a domestic or offshore hedge fund. Our services include structuring the offering terms, preparing the disclosure documents and agreements, filing the federal Form D and assisting with investment adviser registration. We also assist our clients in their capital raising efforts by providing introductions and resources to guide clients toward capital sources that we have found to be effective for emerging managers.
NATIONALLY RECOGNIZED EXPERTISE
We have authored numerous industry publications, including eBooks, white papers, sample PPM document excerpts and blog posts dedicated to helping emerging managers understand various aspects of forming hedge funds and other alternative funds (scroll below to read or download). Our firm has been quoted on securities law topics in some of the nation’s leading financial publications, including Forbes, Entrepreneur, and Business. Capital Fund Law Group was recognized for its exceptional investment fund legal expertise by Wealth and Finance International Magazine’s Alternative Investment Awards in 2014 and 2015.
Call 801-456-3620 or email us to schedule a complimentary consultation with one of our attorneys to discuss the legal structure, regulatory requirements, timeline and costs involved in forming a fund. We will also be happy to answer any questions you have about launching your fund.
Read Our Brochure | An Overview of Capital Fund Law Group and its Investment Fund Services
This brochure offers an overview of Capital Fund Law Group and its hedge fund services. It also includes what some of our clients have to say about Capital Fund Law Group. Click the button below to download the brochure on a mobile or desktop device.
HEDGE FUND BOOK
Forming And Operating A Hedge Fund | an eBook
Written by the managing partner of Capital Fund Law Group, Forming and Operating a Hedge Fund provides an in-depth guide to assist emerging hedge fund managers through the process of successfully structuring, launching, and raising capital for a domestic or offshore hedge fund. Throughout the eBook, it highlights pitfalls that fund sponsors should watch for and suggests best practices to safely and effectively navigate the process of forming and operating a hedge fund.
Among the key topics discussed are:
- how to avoid securities liability as a hedge fund manager;
- how to legally market a hedge fund to investors;
- when it is appropriate to start with an incubator fund;
- what service providers are needed to operate a hedge fund;
- setting market-appropriate investment terms;
- structuring the fund to minimize taxes; and
- properly securing appropriate securities registration exemptions.
SAMPLE FUND PPM EXCERPT
Example Hedge Fund PPM Excerpt | By John S. Lore, Esq.
This is a brief excerpt of a sample hedge fund Private Placement Memorandum (PPM) with footnoted explanations of the PPM provisions.
The PPM is based on a fictitious master-feeder hedge fund using a global fixed-income arbitrage strategy. The accompanying explanations discuss the reasons behind certain disclosure language as well as a more detailed examination of certain fund topics and how they apply to the disclosure document.
The excerpt also provides drafting tips, best practices recommendations, potential pitfalls and common mistakes in hedge fund PPMs.
Hedge Fund Structural Considerations | a White Paper
Emerging hedge fund managers face a labyrinth of regulatory and tax considerations, investor reporting requirements, and business operation issues. Managers must also balance investor relationships, capital raising, developing their investment strategies, and a myriad of other roles. Operating a hedge fund entails significant legal exposure, with substantial liability for improper disclosure. Even inadvertent mistakes can lead to substantial personal liability.
The structure of a hedge fund is dependent on a number of tax, regulatory, and financial considerations. Fund structure is also driven in large part by the fund’s strategy, such as the degree of liquidity of the portfolio investments. The fund structure should be developed based on careful and thorough analysis with the assistance of an experienced fund attorney.
RELATED BLOG POSTS
CAPITAL SOURCE GUIDANCE
Raising capital is one of the most difficult aspects of launching an emerging fund. Many managers with exemplary pedigrees and outstanding track records are nonetheless unsuccessful in their efforts to identify and approach the right capital sources. We advise our fund clients on the legal and business aspects of raising capital. As a professional courtesy to our clients, we also provide introductions and resources to guide them toward capital sources that we have found to be effective for emerging managers.
Our firm has developed relationships with a number of funds of funds that have investment strategies focused on identifying undiscovered emerging hedge fund managers. These funds actively look for new managers that have solid performance and promising strategies. Allocations from emerging-manager focused funds of funds necessarily involved concessions on investment terms, but for the right manager can be an effective way to reach a critical mass of assets under management to attract additional capital.
Additionally, we have relationships with a network of prime brokers, capital introduction platforms, placement agents, and other investment marketing professionals that have been successful in helping raise capital for emerging funds. We guide our fund clients through the process of selecting appropriate investment marketing professionals.
In addition to seeking capital through third parties, fund sponsors should plan to spend significant time reaching out directly to funding sources both inside and outside of the manager’s existing professional and personal networks, particularly to those sources with a particular interest in the fund’s investment strategy. To help guide our clients to appropriate funding sources, we provide them with access to a number of robust investment lead databases, which are maintained by an emerging manager fund-of-funds within our network. These databases include thorough contact information for various capital sources, including: family offices, seeders, endowments, advisors and others.
INVESTMENT FUND MARKETING WHITE PAPER
Marketing an Emerging Investment Fund | a White Paper
“There are significant risks involved in marketing a hedge fund, both from a regulatory and investor disclosure perspective. Care must be taken when conducting marketing efforts to avoid running afoul of regulatory restrictions and overstepping disclosure parameters. Legal counsel should be involved at each step of a fund’s marketing process.
In addition to the legal issues involved in marketing a fund, there are practical, business considerations that can be outcome determinative when launching a fund. In our work with funds of varying sizes, backgrounds and strategies, we have seen a number of factors that influence a fund’s marketing success. This white paper addresses both the legal and business issues that fund managers should deal with when raising capital for an emerging fund.”
OUR LEGAL COUNSEL HAS BEEN QUOTED IN LEADING FINANCIAL PUBLICATIONS, INCLUDING FORBES, ENTREPRENEUR, BUSINESS, AND OTHERS. CAPITAL FUND LAW GROUP HAS BEEN RECOGNIZED FOR ITS HEDGE FUND EXPERTISE BY WEALTH & FINANCE INTERNATIONAL IN ITS ALTERNATIVE INVESTMENT AWARDS.
“According to John S. Lore, Esq., owner of Capital Fund Law Group, PC, ‘When selecting service providers, including an attorney, administrator, and auditor, the management should consider the professional background of each provider. The level of quality of the service providers says much about the quality of the corporation’s management and business plan. Before smart people will invest in or purchase anything they seek signs of competence and stability from all tiers of the organization.”
In 2014 and 2015, Capital Fund Law Group was recognized for its investment fund expertise by Wealth and Finance International, a global investment publication, in its 2014 and 2015 Alternative Investment Awards.
OUR CLIENTS ROUTINELY COMMENT ON THE DEPTH OF OUR KNOWLEDGE, THE LEVEL OF SOPHISTICATION, AND THE TIME WE TAKE TO PROPERLY UNDERSTAND AND IMPLEMENT THE CLIENT’S UNIQUE OBJECTIVES. BELOW IS A SAMPLING OF OUR CLIENTS’ PERSPECTIVE ON OUR SERVICE.
“John is one of the more thoughtful and detailed attorney’s we have had the pleasure to work with. He pushes us to be a better company and we have total confidence that once he has analyzed an issue and provided an opinion, it is the correct one. I’d highly recommend him to a new or experienced fund.”
“My experience using Capital Fund Law Group to launch my hedge fund has been outstanding. While I had access to other legal talent, using a true specialist in the space proved to be extremely valuable for my firm. John Lore and his team skillfully guided my team through the necessary steps to get started with the right structure and terms. I value the ongoing relationship I have with this outstanding legal firm, and continue to benefit from the high value added by John and his team in a complex and changing regulatory environment for financial service firms.”
“John Lore and the Capital Fund Law Group team were an extremely professional solution for the legal side of my macro hedge fund launch. Their expertise in all matters relevant to the drafting of fund documents and the applicable statutory requirements was evident throughout the process of my launch. I would recommend their counsel highly.”