Private Investment Fund Formation

  • Holland & Knight's Private Investment Fund Formation Team represents clients in the formation of a wide variety of domestic and international private investment funds, from start-up funds to funds of up to $1 billion in assets under management.
  • Members of our team advise clients on all aspects of fund formation, from achieving a tax-efficient structure and compliance with applicable securities laws, to ancillary objectives such as adviser registration and personal tax planning for fund managers.
  • We collaborate with attorneys from supporting practice areas to provide comprehensive representation throughout every stage of the private investment cycle, from advising fund sponsors in their capital raising efforts to portfolio disposition transactions and exits.

Holland & Knight's Private Investment Fund Formation Team includes attorneys with broad experience in all aspects of the formation, compliance and operation of domestic and offshore private investment funds. Our Fund Formation Team incorporates the extensive knowledge of our securities, tax, corporate and ERISA lawyers to effectively and efficiently guide our private investment fund clients through the entire range of legal issues involved in the formation process. When required, we work with correspondent counsel in other countries, such as India, China, the Cayman Islands, the Netherlands and Japan, on complex multijurisdictional fund structures to ensure that the fund complies seamlessly with all applicable securities laws and achieves optimum tax efficiency in all relevant countries.

We represent a wide variety of private investment funds, including private equity, venture capital, buyout and restructuring/distressed funds, real estate opportunity funds, funds of funds and mezzanine funds. In addition, we work in collaboration with members of our firm's Investment Management Team, which advises clients on the structuring, formation and operation of onshore and offshore hedge funds, thus giving Holland & Knight complete coverage in the private investment fund formation field.

Capital-Raising and Capital Investment Know-How

Working in association with our Investment Management Team provides us with the ability to assist our private investment fund clients in both the capital-raising process and the investment of capital. The experience we have gained by working with fund sponsors and managers on private fund formation and portfolio investments, as well as with investors on their investments in private funds, significantly enhances our ability to provide effective counsel with respect to capital-raising as part of the fund formation process.

Our Fund Formation and Investment Management Teams also advise private fund sponsors and managers on U.S. regulatory compliance issues applicable to their activities, including the assessment of managers' compliance with the Investment Advisers Act of 1940, adviser registration procedures and adviser reporting requirements. Moreover, our tax attorneys routinely advise managers and sponsors on tax-efficient carried-interest compensation plans and employee participation structures as part of the fund formation process.

Succession Planning

When fund founders are ready to transition ownership to successor managers, our team can assist in structuring and implementing a plan that integrates the next generation of managers, incentivizes aspiring managers and satisfies investors.

Your Complete Legal Resource

Our knowledge of the investment market and trends, our experience in all aspects of the organization and operation of private investment funds, and our solid understanding of how to assess and mitigate risk enable us to provide fully informed and business-savvy legal services in the private investment field. From fund vehicle structuring and formation; to the structuring and consummation of portfolio investments and exits; to handling complex Investment Company Act and ERISA issues; to effecting workouts, windups and dispute resolution when necessary, our global team is committed to providing thorough advice and responsive service to help you achieve your short- and long-term goals.