Should I Use a Placement Agent?
The issue of whether to use a placement agent is one that we are asked to advise on quite frequently. It’s a good question, for sure. In our experience the answer varies from situation to situation, and may not be straight forward. Many factors drive the analysis. Is it a […]
S Corporation “Dodge” Won’t Work to Skirt the Carried Interest Rules
On February 14, Bloomberg News published an article that quickly made its way around among private investment funds and their lawyers – I received about 10 emails before 9 am from clients. The article discussed a potential structure for general partners of funds (in the article hedge funds, mostly) to […]
Policy Mandates for Exempt Reporting Advisers
The private fund clients we work with are often excused from full registration as investment advisers (“RIAs”) with the SEC. But, most of them are still required to file with the SEC as “exempt reporting advisers” (“ERAs”), usually under the venture capital exemption, though sometimes additionally or exclusively under the […]
To PPM or Not to PPM, That is the Question
“Do we need to prepare a Private Placement Memorandum in connection with our fundraising?” It’s a question we get asked all the time by our fund manager clients and the ultimate answer is driven by how those managers weigh the relative benefits and detriments of preparing and using a PPM […]
Are You Prepared for GDPR?
The European Union’s Global Data Protection Regulation (GDPR) is something that all venture firms with any connectivity to EU persons should be paying attention to. The GDPR becomes effective May 25, 2018. The GDPR imposes numerous requirements on businesses within its scope, including strengthening the requirements that businesses obtain the […]