Private Funds

Fund formation and capital raising

We draft and negotiate all fund formation documents (offering documents, operating agreements, subscription agreements, side letters, etc.) using a mix of (1) experienced funds lawyers, (2) near-shore lawyers and paralegals and (3) document automation technology.

The execution versions of all documents along with key metadata, including details on distribution waterfalls, management fees and step-down dates, and side letter provisions, are stored in a fund management system that supports our customers in managing the funds through their lifecycle.

We support our customers in the capital raising process by conducting an anti-money- laundering (AML) risk classification on potential investors, which involves an assessment of the risk presented by a prospective counterparty and performing counterparty due diligence (CDD).

Transactional support

We employ a dedicated team to assist our customers with culture and conduct screening of potential targets using news sources, job and company review sites, and social media platforms.

We help our customers draft and negotiate a range of legal documents in the early stages of an M&A transaction. See M&A for a description of the full scope of our offering in this area.

We also provide support for merger control and direct foreign investment filings, which includes checking draft filings prepared by local counsel for accuracy and consistency with precedent/past practice.

In addition, we support customers with joint ventures that do not have their own legal function by preparing pro-forma management agreements and various joint venture/shareholder agreements, which also includes checking initial and final drafts of such documents to ensure any red flags are raised with the client.

On the operational side, we support customers with AML due diligence requests.

Record retention

Once a transaction has closed, we coordinate with the law firms and other stakeholders involved in the transaction to upload all closing documents to a central repository, which our team reviews for completeness.

Operational support

While not a legal service, our near-shore support teams are also available to help our customers with operational support.

By way of example, our consultants can work with your HR department to take over routine tasks, such as the onboarding and offboarding of employees and contractors.

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