Funds

SEC Extension of FORM ADV Amendment Deadline

In response to the coronavirus disease COVID 19, the SEC has provided a conditional extension of the March 30, 2020 deadline for annual amendments to Form ADV. The extension applies to both Exempt Reporting Advisers (“ERAs”) and Registered Investment Advisers (“RIAs”).  RIAs’ brochure delivery and updating deadlines have also been […]

Cayman Update: Private Funds Law 2020 Requires VCs to Register

Update: On July 7, 2020, the Cayman Islands Government amended the Private Funds Law 2020 and expanded the definition of a “private fund”.  As a consequence, a few types of entities (such as “single investment funds” and “no fee no carry funds”) that were expected to be excluded from the […]

CFIUS Reform: Implications of FIRRMA for Fund Managers

After long debate concerning the need to reform the Committee on Foreign Investment in the United States (“CFIUS”) to address evolving national security threats and emerging technologies, the Foreign Investment Risk Review Modernization Act (“FIRRMA”) became law on August 13, 2018. FIRRMA expands CFIUS’s powers to review investments by “foreign […]

CFIUS Reform: Implications of FIRRMA for Fund Managers

After long debate concerning the need to reform the Committee on Foreign Investment in the United States (CFIUS) to address evolving national security threats and emerging technologies, the Foreign Investment Risk Review Modernization Act (FIRRMA) became law on August 13, 2018. FIRRMA expands CFIUS’s powers to review investments by “foreign […]

How Do You Handle Structured Secondary Sales Run By Agents?

Most clients we work with have gotten the letter from time to time: “Hi, our firm is acting as agent for Institution X, one of your limited partners, who are selling a portfolio of interests in venture capital funds.” The letter goes on to explain that the manager’s interest has […]

Most US and Asia Based VC Managers Are Outside the Scope of GDPR and Need Not Comply With It

We have been getting a lot of questions lately about whether and how GDPR may apply to US and Asia based managers of venture capital funds. This is a rapidly evolving area, however, there is a sound legal view to the effect that many of the managers we work with […]

Trademark Considerations and Naming Venture Capital Funds

When choosing a name for a fund, there are a number trademark-related questions to consider. Giving thought to these issues early on can help you build a strong brand and avoid legal disputes down the line. Is your venture capital fund name a trademark? The term “trademark” generally includes any […]

What You Need to Know About Erisa and Accepting Capital Commitments from “Benefit Plan” Investors

ERISA is a U.S. federal statute which regulates, among other things, the management and investment of assets of employee benefit plans (such as U.S. pension plans, 401(k) plans and their related trusts). Importantly, ERISA’s regulations cover not just the employee benefit plans themselves, but also any entity deemed to hold […]