FUND FORMATION

We advise our clients on all aspects of fund formation, including fund documentation and sponsor equity. We draft documentation for private equity and venture funds, hedge funds, funds of hedge funds, and the investors in these funds. We have extensive and current experience with the terms and conditions applicable to such funds. These include all types of structures for management and other fee arrangements, carried interest, clawback provisions, distribution provisions, and valuation policies. Types of funds represented include buy-outs, distressed debt, infrastructure, mezzanine, public-private investment funds, real estate, special situations, and venture capital.

We advise relating to the establishment, marketing, and operation of investment funds mainly in Cyprus, Guernsey, BVI, Cayman Islands and Bahamas, but our global network of partners let us provide such services in many other jurisdictions. We support our clients in the design, development and promotion of all forms of investment structures whether regulated or unregulated, private or public.

We deal with changes to a fund’s structure during the life of a fund. These may be necessitated by a planned expansion in the fund or a liquidity issue within the portfolio. Such changes are often complex and require a careful consideration of existing rights of investors and obligations of the fund, its directors and agents. Restructurings commonly involve the creation of side pockets to isolate the effect of individual asset illiquidity.

We also provide advice and assistance to those wishing to establish a fund manager or administrator and to established managers and administrators wishing to provide services. This includes advising on the licensing requirements and ongoing obligations for domiciled and non-domiciled managers and administrators and advising on their service contracts with the funds.

We advise on all aspects of investment funds business, including obtaining regulatory consents and advising on and issuing opinions in relation to transactions entered into by funds, including ISDA agreements and structured investments.