Fund Formation

Investors look to McCarter to translate complexity. We guide them through the investment process, helping to identify risks and create strategies to monitor and mitigate them. With decades of experience in the investment industry, including serving in roles on both the “buy-side” and “sell-side”, our team understands current standards and emerging issues, cutting-edge approaches to evaluate and reduce risks, and knows how to negotiate the best possible investment terms for an investment.

While the team always looks to ways to help you manage risk, we understand that things don’t always go as planned. When disputes arise, we work closely with our colleagues to help enforce investors’ rights and obtain recovery of their investment.

Our team has decades of experience representing managers in the formation, operation, and distribution of hedge funds, private equity funds, and venture funds, both in the United States and internationally. Our fund lawyers guide managers through every stage of fund management, including fund formation and establishing its management entities, both simple and complex fund structuring, and qualification for the marketing and distribution of the fund around the world. Established managers turn to us to help solve their most complex of challenges, whether regulatory, restructuring, or integrating and launching new products and strategies.

Drawing from a broad range of multidisciplinary skills, including federal and international tax, we navigate complex federal and international regulations, design innovative fund structures which complement investment strategies, and help establish relationships and comply with laws so funds can operate and market around the globe.

As long-time practitioners in the alternative investment industry, we provide visibility on emerging industry issues, and help establish relationships with service providers and essential sources for financing and distribution. We build teams that help our clients win mandates.

Whether advising private funds or managed accounts, we represent investment advisers across a broad range of legal and compliance matters, from registration through regulatory examinations and investigations.

Our passion and objective is to integrate with your team to create leverage in your business. In an increasingly complex and high-risk industry, we provide the tools, experience, and support you need in complying with regulation, reducing regulatory risk for your firm, and training your team to identify regulatory obligation and risks before they become problems.

However, in the event that issues do arise, we stand at the ready to help you remediate compliance oversights and represent you in matters with regulators to obtain the best result possible.