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Tag: Private Equity and Hedge Funds

Handling Trade Errors: Best Practices for Private Fund Advisers

New investment advisers are typically focused on creating marketable investment programs and raising capital. Legal matters are often delegated to outside counsel and the...

Managing Conflicts of Interest in Private Equity and Venture Capital Funds

Since the Securities and Exchange Commission has recently taken an increasingly closer look at the activities of private equity and venture capital fund managers,...

The Life Cycle of a Private Equity or Venture Capital Fund

Unlike most hedge funds, the investment holdings of private equity and venture capital funds typically are not liquid. Consequently, private equity and venture capital...

Accredited Investors vs. Qualified Clients vs. Qualified Purchasers: Understanding Investor Qualifications

Private funds, such as hedge funds, private equity funds, and venture capital funds, are governed by a host of intersecting federal laws that impact...

3(c)(1) Funds vs. 3(c)(7) Funds

The process of starting a new hedge fund or private equity fund involves choosing whether the fund will be structured as a “3(c)(1) fund”...

Using Side Letters in Private Funds

At some point while raising capital for a private fund, you will likely be asked by one or more potential investors to enter into...

Is New York’s Form 99 Required When a Rule 506 Offering...

The vast majority of private companies raising capital use Rule 506 of Regulation D, which, if complied with, ensures the securities being sold are...

Intro to Private Equity Funds

A private equity fund is an investment entity formed by an investment adviser (often also referred to as a fund manager or sponsor), that...

The Venture Capital Adviser Exemption Explained

Section 203(l) of the Investment Advisers Act of 1940 (the “Advisers Act”), also known as the venture capital adviser exemption, provides that an investment...

The Different Meanings of the Word “Registration” for Private Funds

One of the first questions that new private fund advisers often ask me is whether they will need to “register” with the SEC. They...

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