Welcome to Insights, where we delve into the evolving legal landscape of private investment funds, offering practical guidance to help fund managers and investors navigate today’s complex environment. Insights serves as a valuable resource for exploring current industry trends, key regulatory updates, and practical tools, designed to address the unique challenges faced by stakeholders in the private investment funds sector. Some of our posts will provide introductory insights, while others will delve into complex emerging legal issues.
Explore our posts for insights into critical topics such as fund marketing rules, fund governance and liquidity management, all curated to empower your decision-making.
Disclaimer: The content provided here is for informational purposes only and does not constitute legal or tax advice. Readers should consult with a qualified legal or tax advisor to address specific legal concerns or questions.
Fund Formation To-Do List
Forming an investment fund is a complex process that requires meticulous planning, compliance with regulatory requirements, and alignment with investor expectations. Below is a simplified checklist that highlights the key steps involved in setting up a fund.
New Links: GP Stakes
In recent years, a significant shift has been taking place in the private equity and asset management industries. Investors are increasingly focusing on acquiring minority stakes in General Partnerships (GPs). This strategy, commonly referred to as "GP stakes investing," is gaining traction for its ability to offer exposure to high-quality investment managers, provide recurring cash flow, and align with the long-term growth of these firms.
Marketing Funds 101
Marketing private funds to investors requires fund managers to navigate a complex regulatory landscape. In the United States, a large set of laws, rules, regulations and guidelines regulates the marketing of private funds, and ensuring compliance is critical to avoid regulatory penalties and protect investor relationships.
Series vs Standalone Entities
When structuring a business, investment portfolio, or fund, choosing the right legal entity is critical. For entrepreneurs, investors, and fund managers handling multiple assets or ventures, two common options are forming a Series Limited Liability Company (Series LLC) or creating multiple standalone Limited Liability Companies (LLCs). Each option comes with its own advantages and disadvantages.
NAV Loans Risks
Net Asset Value (NAV) loans have become an increasingly popular financing tool for private equity and other investment funds. These loans allow funds to unlock liquidity based on the value of their underlying portfolio assets. While NAV loans can provide short-term benefits, they come with significant risks—particularly for limited partners (LPs).
Continuation Funds
Continuation funds have gained traction as an increasingly common tool for private equity firms to extend the life of existing investments. By transferring portfolio assets from an existing fund to a new vehicle—often with the participation of new investors—general partners (GPs) can secure additional time and capital to maximize value. However, while continuation funds may offer benefits, they also come with notable risks for limited partners (LPs).