- Launching a Hedge Fund: Legal and Practical Considerations (A high-level overview of the fund formation process, including an outline of the legal, structural and practical considerations to be evaluated in establishing a hedge fund. These considerations include the types of investors you intend to solicit, whether you are forming a solely domestic or offshore fund, determining the manner of manager compensation and payment of expenses, deciding on withdrawal rights, navigating regulation of the offering, the manager and the fund and finally, choosing the appropriate service providers).
- Lifting the Ban on General Solicitation by Hedge Funds Under the Jobs Act (A snapshot of the SEC elimination under the JOBS Act of the ban on general solicitation and advertising under Rule 506, including details of the ban and further questions that remain unanswered regarding the implications of the ban).
- Overview of Investment Funds in the British Virgin Islands (An overview of BVI funds, including the different types and structures, as well as their formation, requirements and restrictions).
- CPO White Paper (Detailed overview of the CPO registration and compliance requirements including the current exemptions from registration under the CEA, the process and costs involved in registering, the registration of associated persons, the annual and periodic compliance requirements for a registered CPO and the exam requirements associated with registration).
- Launching a Hedge Fund? Is Investment Adviser Registration Required? (An outline of which investment advisers must register, may register, or are prohibited from SEC registration under the Investment Advisers Act. The Outline highlights specific factors in determining registration requirements including whether an adviser fits within the definition of investment adviser and how to determine regulatory assets under management, amongst others. Some of the pertinent information is also provided in table format at the end of the outline).
- Adoption of NASAA’s Model Private Fund Manager Exemption from State Investment Adviser Registration (A summary of the NASAA’s model rule for private fund adviser exemption, highlighting the additional requirements for 3(c)(1) funds, transition requirements and grandfathering provisions. Includes a table of which states have generally adopted the Rule and areas where the respective state law differs from the Rule).
- FACTA: Frequently Asked Questions – The Basics (FAQs regarding the Foreign Account Tax Compliance Act. The Act was designed to prevent US citizens from evading taxes through the use of offshore accounts and to improve tax compliance involving foreign financial institutions. The FAQs include who is impacted by the Act and what the Act requires, amongst other information).
- Going Private Transactions: An Overview (An overview of the considerations in taking a public company private, including how to structure the transaction, the entire fairness standard, and matters subject to SEC scrutiny).