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Investment Funds

If you are looking to set up an investment vehicle to raise funds for investment in a particular sector (for example, commercial property, hi-tech start-ups, etc), we can help you with all aspects of the project.

We advise on the following:

the formation and structure of investment funds, including:
  • authorised unit trusts
  • unauthorised unit trusts and exempt unauthorised unit trusts
  • open-ended investment companies (OEICs)
  • investment trusts and real estate investment trusts
  • limited partnerships
  • limited liability partnerships
  • common investment funds
  • the contractual arrangements for investment funds including:
incorporation documents (trust deed and articles of association/incorporation)
  • investment management agreements
  • investment advisory agreements
  • custody/depositary agreements  
  • registrar/administration agreements

Marketing of investment funds. The promoters of any new fund will require advice on how their fund may be marketed, the number and type of investors who may be approached, the jurisdictions to be targeted, and the marketing methods to be employed. For example, if a fund is to be promoted to the public in the UK, it will need to be FSA-authorised or otherwise regulated; if, however, marketing is to be confined to institutional or sophisticated investors, private placement or other exemptions may be available. If the fund is in corporate form, its marketing will need to comply with the listing rules and/or prospectus requirements.

Fund administration: Once established, funds will give rise to on-going issues such as regulatory/compliance questions, draw-down of funds/further investment and amendments to fund documentation or related agreements. There is also a need for general regulatory/ compliance advice for fund managers and product providers (including regulatory audits, compliance issues under the FSA rules and FSA membership applications). They will also require general commercial advice.

The authorisation and other regulatory requirements for operators and other parties, including:

  • trustees and investment managers of unit trusts
  • authorised corporate directors and depositaries of OEICs
  • directors and investment managers of investment trusts
  • general partners and limited partners of limited partnerships
  • directors and members of limited liability partnerships
  • trustees and managers of, and participating charities in, common investment funds
  • investors in, and managers of, direct investment plans and investment clubs
  • registrars and administrators
  • investment advisers
  • custodians

Please also see Financial Services and General Regulation

Contact Us

To contact our Corporate Team please call the number below or email one of our team.

Call 01392 207020

Email: Richard Thorneycroft | Richard King

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