Fund Formation

Cadwalader provides wide-ranging advice on creating, structuring and offering investment vehicles and products, including:

  • Master-feeder, side-by-side, funds of funds, segregated portfolio companies and umbrella fund structures;
  • Commodity pools;
  • Private equity, real estate and hedge/hybrid funds;
  • Foreign and emerging market funds;
  • Islamic and Shari’ah compliant funds;
  • Separately managed accounts and managed account platforms;
  • Private funds and funds regulated as “mutual funds” in offshore jurisdictions;
  • Side pocket structures; and
  • Custom investment products.

In the course of establishing such funds and products, and in ongoing representation, we assist clients with:

  • Coordination with offshore/local counsel;
  • Listings on international exchanges;
  • Tax structuring, UBTI, and UBT issues;
  • ERISA (advising funds in operating with or maintaining an exemption from plan asset status);
  • Seed capital arrangements;
  • Investor negotiations and side letters;
  • Advice on market terms for funds based on investment strategies and investor base;
  • Restructuring of fund families;
  • Advice on fund marketing materials and web sites, including with respect to the JOBS Act and AIFMD; and
  • Advice on negotiating agreements with prime brokers, derivatives and financing counterparties, administrators, and placement agents.

7 Attorneys

Cuthbertson, Sophie K. Partner Washington
T. +1 202 862 2341
Goldstein, Stuart N. Partner Charlotte
T. +1 704 348 5258
New York
T. +1 212 504 6316
Jubin, Gregg Partner Washington
T. +1 202 862 2485
Newell, Michael Partner London
T. +44 (0) 20 7170 8540
Risell, Adam Z. Partner Washington
T. +1 202 862 2388
Wainwright, Jonathan M. Senior Counsel New York
T. +1 212 504 6122
White, Hunter A. Associate Washington
T. +1 202 862 2269