U.S. Hedge Funds and Investment Funds

Malik Law Group's services regarding hedge funds / investment funds include:

  • Ascertaining whether a private investment fund suits the manager's and their prospective investors' needs
  • Determining the proper jurisdiction and organizing the legal entities
  • Preparing the fund's organizational and offering documents, including operating agreements, limited partnership agreements, private placement memoranda, and subscription documents
  • 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

In summary, 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.

Examples of Transactions:

  • Organization of U.S. investment partnerships and related structures (collectively, "funds") across multiple U.S. jurisdictions, with assets under management ranging from less than US$10 million to over US$8 billion;
  • Experience with funds whose investment strategies include, but are not limited to: Long/short equity, Long-only equity, Short-Bias, Global Macro, Sector-Focused, Multi-Strategy, Event Driven Arbitrage, Emerging Markets, Small Cap, Futures and Commodities, Options, Spot Forex, and Fund of Funds;
  • Accommodation of the needs of funds with unique "friends and family" investors;
  • Creation of funds with separate classes of interests and varying fees and other material terms; and
  • Assistance with retaining administrators, brokers, custodians, and other 3rd party service providers.