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This is a brief excerpt of a sample Real Estate 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
The excerpt also provides drafting tips, best practices recommendations, potential pitfalls and common mistakes in hedge fund PPMs. The fictitious feeder fund XYZ, LP is a domestic feeder fund to a Cayman Island master fund. Although the XYZ Feeder Fund, LP specifically uses a fixed-income arbitrage strategy, the explanations provide information that should be helpful to fund managers using any strategy.
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A private equity fund is a pooled investment vehicle created for investments in equity securities and real estate. This white paper discusses some of the key structural considerations and investment terms involved in starting a private equity fund. The term “private equity fund” covers a broad spectrum of closed-end investment strategies, including early state funds (venture-capital), growth equity funds, leveraged buyout funds, and real estate funds. For specific information on structuring a real estate fund, see our white paper entitled: Forming a Real Estate Fund–Strategy, Structure
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 INVESTMENT FUND EXPERTISE BY WEALTH & FINANCE INTERNATIONAL IN ITSALTERNATIVE INVESTMENT AWARDS.
...The case should serve as a reminder that investors as well as money managers serving as stewards of their clients' financial resources (not to mention their own reputations) need to take reasonable steps to undertake due diligence when researching the viability of an investment...
SEEING PAST THE ICO SPARKLES: A DUE DILIGENCE CAUTIONARY TALE
"There's a lot of short-term trepidation based on regulatory uncertainty based on the SEC, with what the European Union is doing, and what various Asian regulators are doing," said John Lore, managing partner at Capital Fund Law Group.
Lore's firm advises hedge funds and private equity groups in the crypto-space. He said he's seeing an "unprecedented" number of new fund starts continuing from February.
"I think the sell-off this year has more to do with short term concern than any long-term general distaste for the asset," Lore said.
The SEC’s desire to interview cryptocurrency hedge funds, the only asset managers currently operating in the space, seems a logical next step in the development of the digital asset regulatory framework. The probe also underscores the fact that the SEC takes the crypto hedge fund space very seriously and will continue to keep a close eye on it moving forward.
SEC’S CRYPTO HEDGE FUND PROBE IS HEALTHY FOR THE INDUSTRY
“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.”
The Five Keys To Marketing An Emerging Service Or Product | By Steve Olenski
“An accredited investor is an investor that meets the income or net worth tests established by the SEC,’ says John Lore, managing partner of Capital Fund Law Group. ‘For individuals, the investor must have a net worth or joint net worth with his or her spouse exceeding one million dollars or meet a $200,000 per year annual income threshold ($300,000 if combined with spouse).”
4 Options for Raising Capital From Friends, Investors or Even the Feds | By John Boitnott
“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.”
— Joseph Cook | Managing Director | Concentus Global Partners, LLC
“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.”
— Matthew Klecker | Founder, CIO | Klecker Capital Management, LLC