White-Papers

  • Launching a Hedge Fund: Legal and Practical Considerations (A high-level overview of the fund formation process, including an outline of the legal, structural and practical considerations to be evaluated in establishing a hedge fund. These considerations include the types of investors you intend to solicit, whether you are forming a solely domestic or offshore fund, determining the manner of manager compensation and payment of expenses, deciding on withdrawal rights, navigating regulation of the offering, the manager and the fund and finally, choosing the appropriate service providers).
  • CPO White Paper (Detailed overview of the CPO registration and compliance requirements including the current exemptions from registration under the CEA, the process and costs involved in registering, the registration of associated persons, the annual and periodic compliance requirements for a registered CPO and the exam requirements associated with registration).
  • Launching a Hedge Fund? Is Investment Adviser Registration Required? (An outline of which investment advisers must register, may register, or are prohibited from SEC registration under the Investment Advisers Act. The Outline highlights specific factors in determining registration requirements including whether an adviser fits within the definition of investment adviser and how to determine regulatory assets under management, amongst others. Some of the pertinent information is also provided in table format at the end of the outline).
  • FACTA: Frequently Asked Questions – The Basics (FAQs regarding the Foreign Account Tax Compliance Act. The Act was designed to prevent US citizens from evading taxes through the use of offshore accounts and to improve tax compliance involving foreign financial institutions. The FAQs include who is impacted by the Act and what the Act requires, amongst other information).
  • Going Private Transactions: An Overview (An overview of the considerations in taking a public company private, including how to structure the transaction, the entire fairness standard, and matters subject to SEC scrutiny).