Investment Funds

Our Investment Funds practice consists of three main pillars, being the structuring and formation of funds; investment into funds; and the establishment and acquisition of fund management companies.

We advise on the structuring, establishment, marketing, reorganisation and operation of a wide range of investment funds, whether established in the UK or in other jurisdictions, both on and offshore, as well as joint ventures and co-investment vehicles. These include private equity funds, venture capital funds, real estate funds, infrastructure funds, renewable energy or cleantech funds, mezzanine or other debt funds, hedge funds, secondary funds, funds of funds as well as funds for investment into other kinds of alternative assets.

Our advice covers all internal arrangements within management teams, specifically structuring their carried interest and co-investment arrangements and setting up the fund management and advisory entities, including the reorganisation of fund management companies into limited liability partnerships or their relocation to other jurisdictions.

Each fund formation assignment is a bespoke structure, designed to address the requirements of all participants and stakeholders and the restrictions on them, including the investors and the members of the management team. Input on the tax and regulatory side, both from within the UK and the other jurisdictions in which the fund is to be marketed, or in which the management team operates, needs to be coordinated and built into a well thought-through and robust structure, which is then reflected in the contractual documentation. Our lawyers are able to cover all tax and regulatory aspects in the UK and Germany, and we have considerable experience in coordinating the equivalent input from other jurisdictions. In key jurisdictions we have best friend relationships with local law firms who are able to provide that input.

We advise investors into all kinds of funds, including negotiating side letters or other individual arrangements as well as changes to the fund documentation.

Olswang has acted on a number of acquisitions of fund management companies, both for buyers and for sellers.

Our fund formation team works closely with other groups in the firm which focus on the areas in which the funds will later invest, adding value both in the fund formation phase and in respect of the transactions carried out by the fund.

We are familiar with various types of fund vehicles, including: English and Scottish limited partnerships and general partnerships; UK limited liability partnerships, companies, investment trusts, authorised and unauthorised unit trusts; other onshore structures such as German limited partnerships and French FCPRs; Luxembourg or Irish based UCITS; and offshore companies, partnerships and trusts formed in jurisdictions such as the British Virgin Islands, the Cayman Islands, the Channel Islands, Delaware and Luxembourg, including SICARs and SIFs.