Fund Formation & Investment Management

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Overview

RK&O's Fund Formation & Investment Management group provides a wide range of services to hedge funds, private equity companies and distressed asset traders. Drawing on more than 25 years of experience advising on high value illiquid assets, RK&O helps our clients to maximize returns while minimizing risk. 

We advise sponsors in structuring and marketing hedge funds, private equity funds, venture capital funds and special situations and distressed assets funds that fall outside the registration requirements of the Securities Act and the Investment Company Act. We also advise both sponsors and investors on the special tax issues applicable to foreign and tax-exempt investors, including ECI and UBTI, as well as ERISA “plan asset” issues that arise for investment funds.

We provide fund documents individually tailored to the client, and our clients get direct access to partners experienced in fund formation in general, as well as in areas requiring specialized advice, such as securities and tax law. To assist our fund formation clients in their initial stages of development, we are willing to provide competitive fixed fee arrangements for the formation of their funds.

Experience

  • The purchaser of a control stake in a privately held hedge fund complex, including advice on control rights and Investment Advisers Act issues.
  • A hedge fund sponsor in the structuring, documentation and marketing process for a newly formed distressed credit fund.
  • A seed capital provider in the establishment and funding of a Brazilian private equity fund.
  • Several major hedge funds in connection with year-end redemptions, including the formation of special purpose vehicles to liquidate assets on behalf of withdrawing limited partners.
  • Numerous hedge funds with respect to cross-trading, conflicts and other compliance-related issues under the Investment Advisers Act.
  • Hedge funds and other investors concerning compliance with Sections 13 and 16 of the Securities Exchange Act.
  • Hedge funds and former principals in the establishment and funding of split-off investment funds.
  • Institutional investors in connection with an SEC investigation of a hedge fund manager and a petition for the involuntary winding up of a hedge fund in the Grand Court of the Cayman Islands.

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