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Cadwalader provides wide-ranging advice on creating, structuring and offering investment vehicles and products, including:
- Master-feeder, side-by-side, funds of funds, segregated portfolio companies and umbrella fund structures;
- Commodity pools;
- Private equity, real estate and hedge/hybrid funds;
- Foreign and emerging market funds;
- Islamic and Shari’ah compliant funds;
- Separately managed accounts and managed account platforms;
- Private funds and funds regulated as “mutual funds” in offshore jurisdictions;
- Side pocket structures; and
- Custom investment products.
In the course of establishing such funds and products, and in ongoing representation, we assist clients with:
- Coordination with offshore/local counsel;
- Listings on international exchanges;
- Tax structuring, UBTI, and UBT issues;
- ERISA (advising funds in operating with or maintaining an exemption from plan asset status);
- Seed capital arrangements;
- Investor negotiations and side letters;
- Advice on market terms for funds based on investment strategies and investor base;
- Restructuring of fund families;
- Advice on fund marketing materials and web sites, including with respect to the JOBS Act and AIFMD; and
- Advice on negotiating agreements with prime brokers, derivatives and financing counterparties, administrators, and placement agents.
