Investment Funds

Comprehensive Fund Management Advisory

 

Our team specializes in providing comprehensive guidance on the full lifecycle of investment funds established in the British Virgin Islands and Cayman Islands. We advise on all aspects of fund management, including formation, compliance, restructuring, distressed situations and closure.

 

We take pride in offering personalised services that cater to the unique needs of both institutional and boutique fund managers. Our firm’s collegiate atmosphere and flexible team structure promote seamless collaboration across departments and locations, enabling us to provide timely, language-appropriate support to clients around the world.

 

Digital Assets and Crypto Currency

 

Forbes Hare lawyers work on both contentious and non-contentious matters in the crypto currency, blockchain technology and digital asset space.

 

We assist investment managers with the establishment of funds targeting digital assets and fintech companies.

 

In regulatory compliance, we assist clients with regulatory business plans and offer guidance on structuring digital asset products.

 

Our litigation team are experienced in managing disputes related to cryptocurrencies, NFTs, and digital assets.

 

Advising Distressed Investment Funds

 

Together with our litigation and insolvency lawyers, we provide comprehensive advice on all offshore legal aspects affecting distressed or insolvent investment funds. Since the 2008 financial crisis, we have represented a variety of stakeholders in these funds, including investors, service providers, directors, and liquidators. Our ongoing work includes advising on numerous issues related to funds affected by the collapse of Bernard L. Madoff Investment Securities LLC.

 

Our particular expertise in this area includes:

 

• Advising on NAV suspension issues and related concerns such as inchoate redemptions;

• Advising on directors’ duties and the obligations owed by fund functionaries and service providers;

• Addressing risk management issues and protective measures for funds threatened with litigation;

• Providing counsel on solvency matters;

• Representing liquidators of all collective investment schemes and guiding the necessary steps for solvent liquidations;

• Advising on critical considerations during fund restructuring, including the use of side pocket arrangements;

• Managing disputes arising from subscription terms.

 

Expertise in Fund Restructuring

 

One of our hallmark capabilities lies in managing the complexities associated with fund restructuring. These processes may be necessitated by planned expansions or liquidity challenges within a portfolio. We have deep expertise in dealing with changes to a fund’s structure during its lifecycle, requiring careful consideration of the existing rights of investors and the obligations of the fund, its directors, and agents. Our restructuring strategies often involve the establishment of side pockets to isolate the effects of individual asset illiquidity.

 

We have been involved in many of the largest and most complex restructurings, advising on notable issues arising from recent market events, including high-profile fraud cases such as the Madoff affair. Our experience equips us to formulate strategies that provide solid legal and commercially viable solutions for funds, managers, investors, and liquidators confronting the challenges posed by distressed or failed investment funds.

 

Hedge Funds, Private Equity and Venture Capital Funds

 

Our expertise also extends to hedge funds, private equity and venture capital funds, including:

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• Manager and administrator formation and establishing various fund structures, both open-ended and closed-ended;

• Addressing the financing aspects of the fund, as well as fund listings and promotion strategies;

• Assisting with the incorporation and structuring of segregated portfolio companies, as well as the establishment of private trust companies and family funds;

• Providing effective fundraising structures and advising on initial public offerings (IPOs) and other exit strategies, including limited partnership structures.

 

Comprehensive Services:

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• Fund Formation;

• Private Equity;

• Venture Capital;

• Real Estate;

• Complex Hybrid Funds;

• Single Asset Vehicles;

• Co-investment Vehicles;

• Approved Managers in the British Virgin Islands;

• Non-Registrable Fund Structuring;

• Distressed Funds;

• Environmental, Social & Governance (ESG) Advisory;

• Jurisdictional Expertise in the British Virgin Islands and Cayman Islands;