Our highly experienced team regularly collaborate with our market leading Fund Disputes team and the Global Fund and Investments Services team; who are experts in fund formations, to deliver a comprehensive and insightful service on all fund governance issues. We also support investors in their due diligence reviews of international investment funds and private equity funds.
Our team also provide advice to:
- Service providers to offshore funds on any regulatory concerns they may have in relation to their fund clients. This service covers advice over the life of the offshore fund, from the set-up phase, through operation, to distressed situations and termination.
- Investors in connection with their investment in offshore investment funds and private equity funds.
In addition, we also advise Fund Boards and Investment Managers:
- In the set-up phase – undertaking an independent review of the fund offering document and constitutional documents (including investment management agreements) and advising on consistency and market practice
- Advising in relation to distressed situations, informal wind-downs and termination options
- Providing guidance on the scope and applicability of directors’ duties, the duties of a general partner or other governing body
- Assisting the fund board in the negotiation and consideration of the terms of side letters
- Advising on the identification and management of conflicts of interest
- Guiding the board on appropriate levels of oversight and enquiry of delegated functions and the establishment of committees
- Providing assistance on the development of policies and procedures for the fund
- Advising on regulatory governance issues
- Reviewing and advising on directors & officers’ insurance (D&O)
Advise investors & service providers:
- Conducting investor reviews of fund offering documents and constitutional documents (including investment management agreements) and advising on consistency and market practice
- Assisting investors in the negotiations and consideration of the terms of side letters
- Advising in relation to distressed situations, informal wind-downs and termination options
- Advising service providers in relation to reporting requirements to regulatory authorities, tipping-off and other regulatory matters relevant to their role in relation to fund clients
