Welcome to Insights, where we delve into the evolving legal landscape of private investment funds, offering practical guidance to help fund managers and investors navigate today’s complex environment. Insights serves as a valuable resource for exploring current industry trends, key regulatory updates, and practical tools, designed to address the unique challenges faced by stakeholders in the private investment funds sector. Some of our posts will provide introductory insights, while others will delve into complex emerging legal issues.
Explore our posts for insights into critical topics such as fund marketing rules, fund governance, and liquidity management—all curated to empower your decision-making.
Disclaimer: The content provided here is for informational purposes only and does not constitute legal or tax advice. Readers should consult with a qualified legal or tax advisor to address specific legal concerns or questions.
EM Pro Tips: Track Record
Starting a fund is a bold and exciting endeavor, but one of the critical challenges many aspiring fund managers face is leveraging their track record from a current or one or more previous employers. A track record is more than just a list of past achievements; it is a vital tool for attracting investors and establishing credibility. Given the recent challenges in fundraising where most of the capital is going to established players in the industry, a strong track record can be the deciding factor in successfully raising capital.
EM Pro Tips: Stretching GP Dollars
For emerging fund managers, stretching every fund dollar is essential to ensure the fund operates efficiently while the General Partner (GP) builds a foundation for long-term success. While management fees and carried interest (carry) are the obvious financial lifelines for GPs, there are additional strategies to maximize resources and create supplementary revenue streams.
EM Pro Tips: GP Commitment
This is a series of posts focused to assist emerging managers raise capital, especially in this difficult environment sans private credit fund managers. In the world of private funds, "GP commitment" often stands as a critical topic in fund formation discussions. But what exactly does it mean, and why is it so significant? Let’s break it down and provide some pro tips on how to navigate this topic with investors.
NAV Loans and Fiduciary Duties
Net Asset Value (NAV) loans have become an increasingly popular liquidity solution for private equity funds. These loans, secured against the residual value of a fund’s portfolio, provide flexibility for general partners (GPs) to manage cash flows, make follow-on investments or return capital to investors. However, the fiduciary duties of a GP in the context of NAV loans present a nuanced legal landscape—particularly regarding whether and how these duties can be waived.
Hypothetical Performance
Hypothetical performance can be a powerful tool in fund marketing, offering investors a glimpse into how a strategy might perform under specific scenarios. However, the use of hypothetical performance data is heavily scrutinized by regulators, particularly the SEC, to prevent misleading claims and ensure investor protection. In this post, we’ll explore what constitutes hypothetical performance, the rules governing its use, and best practices for compliance.
Co-Invest Vehicles
A co-investment is a direct investment made alongside a private equity or other investment fund by an investor who is also participating in the fund. Typically, co-investments are offered on a deal-by-deal basis and allow investors to participate in specific transactions without the fees and carried interest typically associated with the main fund. Co-investors will invest through a co-investment vehicle that will invest on a side-by-side basis with the main fund.