How To Tackle Tax Surprises on Cryptocurrency & NFT Investments
Capital Fund Law Blog
by Jen Hicks
2y ago
Originally published in Nasdaq.com. NFT’s (Non-fungible tokens) are in vogue, and they are what’s trending in the crypto economy. While it is a fairly new phenomenon, they continue to increase in popularity. With that, a new crop of investors have entered a world that has, for the most part, been viewed as untouchable and esoteric ..read more
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The Purpose of an Incubator Fund
Capital Fund Law Blog
by Jen Hicks
2y ago
For a manager without previous fund management experience or ready access to initial investor capital, an incubator fund provides a cost effective way to begin building a marketable performance record using the manager’s personal funds.  An incubator fund allows a manager to fine-tune the trading strategy while creating a marketable track record ..read more
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The New York BitLicense: What is it and who needs to have one?
Capital Fund Law Blog
by Jen Hicks
3y ago
In the ever-evolving and developing age of virtual currencies, fund managers of digital asset-focused funds have the additional challenge of not just trying to keep up with securities regulations on the state and federal levels, but proactively anticipating new regulations, through the guidance of their legal counsel, in order to maintain their fund’s compliance long-term. Investors in Bitcoin and other forms of digital assets find themselves at the distinct disadvantage of having to navigate through a convoluted set of rules, adding to the already complex process of fund formation and i ..read more
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A Piecemeal Approach to Modernizing the Accredited Investor Standard
Capital Fund Law Blog
by Jen Hicks
3y ago
On December 8, 2020, final amendments to the Securities and Exchange Commission’s (“SEC”) accredited investor definition will go into effect. What does this mean for private fund managers? It depends. Continue reading for an overview of several noteworthy adoptions to the SEC’s definition expansion ..read more
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RegTech Investment Strategies & Ecosystem - Podcast
Capital Fund Law Blog
by
4y ago
John Lore, managing partner of Capital Fund Law Group, joined Alyne on The Reg Tech Report to discuss investment strategies and the current investment ecosystem in RegTech, specifically in the U.S.   During this informative Podcast, Mr. Lore offers insights on PE and VC investment activity and strategies, from broad activity to specific tech segments, and how the compliance industry continues to grow as regulations continue to expand ..read more
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Understanding What Investor Standard Your Fund Will Require
Capital Fund Law Blog
by
4y ago
We ask hedge fund managers five main questions to determine who can invest in their fund. Many prospective fund managers mistakenly believe that the “accredited investor” standard is the only required investor accreditation standard for their investors. Accredited investors (for individuals) must have a $1 million individual or joint net worth (excluding the primary residence), or $200k annual income ($300k with a spouse), for the previous two years, with the expectation to meet or exceed this standard for the current year ..read more
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What’s in a Private Placement Memorandum
Capital Fund Law Blog
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4y ago
A Private Placement Memorandum (“PPM”), also known as a private offering document and confidential offering memorandum, is a securities disclosure document used in a private offering of securities by a private placement issuer or an investment fund (collectively, the “Issuer”). From an investor’s point of view, the purpose of the PPM is to obtain needed information about the Issuer and its securities, both good and bad, to make an informed decision about whether to purchase the security. The investor wants to know the parameters of investing in the Issuer and the potential rights, r ..read more
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Hedge Fund Documents
Capital Fund Law Blog
by
4y ago
Your hedge fund attorney will prepare six core documents, which are necessary to launch the fund: (i) a private placement memorandum, (ii) a limited partnership agreement, (iii) a subscription agreement, (iv) an investment management agreement, and (v) a general partner operating agreement, and (vi) a management company operating agreement.  Other services and documents that are also generally completed include the formation services of the limited partnership, the management company and the general partner; drafting the management company operating agreement; preparing and filing ..read more
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Brief Survey of Common Hedge Fund Terms
Capital Fund Law Blog
by
4y ago
As part of the hedge fund formation process, the attorney works closely with the fund sponsor to craft the terms to which the fund and its investors will be bound. When properly structured, hedge fund offering documents contain terms that adequately protect the fund sponsor and are attractive to investors. Hedge fund terms are driven by a combination of the market trends and investor appetite within the fund’s specific asset class and the particular needs and objectives of the fund. The following is a brief survey of categories of some of the most common hedge fund terms ..read more
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Common Hedge Fund Strategies
Capital Fund Law Blog
by
4y ago
Hedge fund strategies encompass a broad range of risk tolerance and investment philosophies within a wide array of investments, including debt and equity securities, commodities, currencies, derivatives, real estate, and other investment vehicles. The horizon of hedge fund investment strategies has seen unprecedented expansion in recent years. Hedge fund investment terms are driven in large part by the fund’s strategy and its level of liquidity. To learn more about forming and operating a hedge fund, we encourage you to read our eBook, Forming and Operating a Hedge Fund ..read more
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