Private Equity and Venture Capital

Malik Law Group provides comprehensive legal support to the manager during their fund's set-up and launch process and ongoing compliance and regulatory support thereafter.

Our services regarding private equity / venture capital include:

  • Ascertaining whether certain transactions prompt the need for a private equity or venture capital vehicle with respect to the manager's and their prospective investors' needs
  • Determining the proper jurisdiction (U.S. or International) and organizing the legal entities accordingly
  • Preparing the relevant organizational and offering documents, including operating agreements, limited partnership agreements, private placement memoranda, subscription documents, side letter agreements and compensation agreements
  • Filing all documents with the U.S. Securities and Exchange Commission and U.S. state securities divisions in accordance with Rule 506 or other private offering exemptions, including Form D and related "blue sky" filings
  • Tailoring the fund to a manager's proprietary investment program, including specific strategies, markets, and asset classes
  • Assisting the manager in concluding agreements with brokers, administrators, custodians, and other service providers
  • Ensuring the fund meets investors' needs and addresses their concerns
  • Handling the fund's ongoing regulatory and legal compliance
  • Adapting the fund's structure or terms to address changing conditions
  • Drafting side letter agreements or amending documents to accommodate strategic investors
  • For investors, conducting thorough due diligence on private offerings and their management

 

Examples of Transactions:

  • Organization and representation of funds and their managers with the following strategies employed: Venture Capital - Seed Stage, Early Stage, and Late Stage, Buy-Out, Mezzanine Financing, and Distressed Securities/Debt, including funds focusing on healthcare, infrastructure, and small-cap turnaround companies; and
  • Providing assistance in negotiations with large or strategic investors.