Raising capital is a challenge for both entrepreneurial and institutional real estate companies. Finding equity on a deal-by-deal basis can be successful, but it usually consumes a considerable amount of time and resources. As a result, raising equity through the formation of an investment fund may present you with a more sustainable approach to your long-term financing needs.
Our attorneys have extensive experience in structuring and forming private equity, venture capital and real estate funds—negotiating the related documentation on behalf of both fund sponsors and investors. We assist fund sponsors in analyzing the many structural, tax and governance issues that arise in connection with the formation of a private fund, including the myriad issues unique to tax exempt investors.
We assist you in front-end structural matters, including the economic and governance provisions of the fund. We perform the requisite due diligence, prepare the private offering memorandum and accompanying materials, draft the limited partnership or limited liability company agreement and subscription materials and negotiate the subscription line of credit arrangements. We then coordinate your legal matters for the initial and subsequent closing, as well as handle regulatory matters.
We advise you through the SEC and state(s) investment adviser registration process. This includes preparation of form ADV and applicable policies and procedures manuals and documents, and discussion with regulatory authorities. Additionally, we assist you in on-going compliance matters.
We also represent you in the formation of and investing in non-real estate private equity funds, including venture funds, buyout funds, growth equity funds and mezzanine funds. These funds have ranged in size from $X to $X.
Our attorneys have significant experience in structuring joint ventures with institutional capital providers for clients with real estate and development expertise.
Our experience includes the structuring and formation of both joint ventures and co- investment programs on behalf of publicly traded companies, substantial private funds and investment trusts. Among other matters, we can assist you in the procurement of subscription financing for joint ventures; negotiation of sale and leaseback transactions; and the tax- deferred contribution of substantial real estate assets, including industrial, office and retail properties.