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Walkers

Raising platforms optimising Guernsey vehicles for investment platforms and fund structuring

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The use of Guernsey umbrella structures for both regulated and unregulated investment structures has seen a notable rise over the past 18 months. Where these structures have typically been used for larger, master fund/...more

DarrowEverett LLP

Don’t Go Chasing Simple Waterfalls: Understanding Investment Return Structures

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Waterfalls in private equity and venture capital dictate how investment returns are distributed among stakeholders. These structures determine who gets paid, in what order, and under what conditions. While all waterfalls aim...more

A&O Shearman

Great Fund Insights: Co-Investing 101: shared risk, shared reward

A&O Shearman on

A challenging fundraising environment, the rise in M&A activity and the capital requirements necessary to bridge funding gaps are key developments which have led fund managers to increase their offering of co-investment...more

Hutchison PLLC

The Power of Genuine Networking for Entrepreneurs With OneSixOne Ventures with Pablo Casilimas and Justis Mendez

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How integral are networking and community-building to becoming a successful entrepreneur? Pablo Casilimas and Justis Mendez of OneSixOne Ventures join Founder Shares to discuss how they harnessed the power of these strategies...more

Conyers

Structuring a Cayman Islands Closed-Ended Fund

Conyers on

This article provides an overview of common structures for investment funds in the Cayman Islands. Investment funds in the Cayman Islands must be registered either under the Private Funds Act or the Mutual Funds Act,...more

Conyers

ケイマン諸島クローズドエンド型ファンドの組成

Conyers on

この記事では、ケイマン諸島における一般的な投資ファンド組成に関する概要をご紹介します。 ケイマン諸島における投資ファンドは、ファンド戦略がクローズドエンド型かオープンエンド型かに応じて、プライベートファンド法またはミューチュアルファンド法のいずれかに基づいて登録されなければならないことになっています。...more

Conyers

केमैन आइलैंड में हेज फंड स्थापित करने में आपकी मदद के लिए एक गाइड

Conyers on

देश से बाहर हेज फंड स्थापित करने के मामले में केमैन आइलैंड का नाम दुनिया में पहले नंबर पर आता है। इसका टैक्स-न्यूट्रल प्लेटफॉर्म, स्थिर अर्थव्यवस्था, व्यवहार-कुशल बैंकिंग क्षेत्र, गोपनीयता और पेशेवर वित्तीय सेवा उद्योग ये तो...more

King & Spalding

Checklist for Non-U.S. Fund Managers Making a Private Fund Offering in the U.S.

King & Spalding on

The United States represents a large source of potential capitalthat non-U.S. fund managers often find impossible to ignore. To assist non-U.S. fund managers, we have prepared a checklist that sets out key considerations for...more

Goodwin

Guidelines on Marketing Communications Under the Regulation on Cross-Border Distribution of Funds

Goodwin on

SCOPE - On 2 August 2021, The European Securities and Markets Authority (“ESMA”) published the Guidelines on Marketing Communications (the Guidelines) under the regulation on cross-border distribution of funds, which...more

Cooley LLP

Blog: CFIUS Reform UPDATE: Implications of FIRRMA for Fund Managers

Cooley LLP on

We are providing updates on our original post here to reflect the issuance of a final rule by the U.S. Treasury Department which will become effective on October 15, 2020. Between November 2018 (when the first regulations...more

Cooley LLP

Blog: Recent Trends in Co-Investment: Presentment Obligations, SPVs and “Top Up” Funds

Cooley LLP on

The term co-investment is a pretty broad one. I consider it to include any situations in which LPs take additional stakes in portfolio companies that they are already indirectly invested in through their investments in...more

Cooley LLP

Blog: Should I Use a Placement Agent?

Cooley LLP on

The issue of whether to use a placement agent is one that we are asked to advise on quite frequently. It’s a good question, for sure. In our experience the answer varies from situation to situation, and may not be straight...more

Cooley LLP

Blog: A Primer on “Freedom of Information Act” (FOIA) Issues for VC Fund Managers

Cooley LLP on

In the United States, at both the federal and state level, investors that are public agencies (such as state and local government employee pension funds, public university endowments, etc.) are usually subject to rights of...more

Cooley LLP

Blog: Most US and Asia Based VC Managers Are Outside the Scope of GDPR and Need Not Comply With It

Cooley LLP on

We have been getting a lot of questions lately about whether and how GDPR may apply to US and Asia based managers of venture capital funds. This is a rapidly evolving area, however, there is a sound legal view to the effect...more

Cooley LLP

Blog - CFIUS Reform: Implications of FIRRMA for Fund Managers

Cooley LLP on

After long debate concerning the need to reform the Committee on Foreign Investment in the United States (“CFIUS”) to address evolving national security threats and emerging technologies, the Foreign Investment Risk Review...more

Cooley LLP

Blog: How Do You Handle Structured Secondary Sales Run By Agents?

Cooley LLP on

Most clients we work with have gotten the letter from time to time: “Hi, our firm is acting as agent for Institution X, one of your limited partners, who are selling a portfolio of interests in venture capital funds.” The...more

Cooley LLP

Blog - Primer: LP Governance Rights in Venture Capital Funds

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Venture capital funds are closed-ended, long duration blind pools. In the many years following closing, the fund manager is permitted to operate and invest the fund in its discretion as long as it stays within some limited...more

Cooley LLP

Blog - Primer: Carried Interest in Venture Capital Funds

Cooley LLP on

We are often asked about the prevalent market options for structuring carried interest provisions in venture capital funds. In this post, we’ll speak of mainstream venture capital funds, so to speak. Terms differ in special...more

Cooley LLP

Blog - Primer: Handling LP Defaults

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Historically, the incidence of “serious” defaults (“serious” meaning contribution failures that persist to a point in time at which consideration of enforcement action is necessary) in institutional venture capital funds is...more

Cooley LLP

Blog: Primer - U.S. Tax Considerations for Venture Capital Funds

Cooley LLP on

We are frequently asked by our fund manager clients about what tax issues they should consider when forming a new venture capital fund or investing in portfolio companies. In this post, we outline a few key considerations for...more

Cooley LLP

Blog: Primer - Management Fees in Venture Capital Funds

Cooley LLP on

We are often asked about the “market” rate for management fees in actively managed venture capital funds. This primer discusses mainstream venture capital funds, so to speak. If your fund is in the venture space but has...more

Cooley LLP

Blog: Primer - Selecting the Domicile for your Venture Capital Fund

Cooley LLP on

We are often asked, by both new and established managers, “where should I form my next venture capital fund”? We will hold the short list for purposes of this article at the discussion of Delaware versus Cayman, those being...more

Cooley LLP

Blog: Initial Observations Regarding COVID-19’s Impact on Venture Capital Fund Raising

Cooley LLP on

As much of the world shelters in place, nearly every client conversation we have with our venture capital fund clients comes around to some version of the questions “what are you seeing” and “will all of this impact our fund...more

Foley & Lardner LLP

Corporate Venture Funds: Friend or Foe?

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Many large corporations have set up, or are in the process of setting up, in-house venture funds. At the same time, early and later-stage companies are looking for “smart money” investors – funds that bring strategic and...more

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