Private Fund Operations

    Investment Management Agreements

    At Jacko Law Group, our experienced private fund attorneys work closely with clients to develop comprehensive Private Fund Investment Agreements. We ensure that the terms of your business relationships are clearly defined, aligning all parties’ interests, addressing potential risks, and meeting compliance obligations.

    Our legal team drafts Private Fund Investment Agreements that include:

    • The scope of services for the Private Fund Investment Manager or Adviser
    • Detailed fee structures
    • Reporting requirements
    • Termination provisions
    • Investment restrictions
    • Investment policies

    Our attorneys help private fund managers refine or create new Private Fund Policies that outline the fund’s risk tolerance, investment strategy, and legal/compliance obligations. We tailor our services to meet the unique needs of each client.

    Our Private Fund Policies services include:

    • Reviewing and updating existing policies and guidelines
    • Developing new policies that address specific client needs
    • Advising on fiduciary duties of advisers
    • Implementing fund governance protocols
    • Providing legal counsel on risk management strategies

    Navigating the regulatory landscape and meeting compliance requirements for Private Funds requires experienced counsel. Our attorneys have the skills and expertise to guide fund managers toward success while mitigating the risks associated with these high-stakes investment vehicles.

    Private Fund Compliance Counsel

    Securities and Commodity Regulations

    Private Fund Compliance is a complex and constantly evolving area. The high-risk nature and limited transparency of Private Funds make them particularly susceptible to regulatory scrutiny. Additionally, investors hold powerful legal rights that can expose Private Fund advisers to lawsuits, penalties, and potential reputational damage.

    Developing and maintaining a robust regulatory compliance program is essential to protecting both investors and advisers, while fostering mutual trust and confidence.

    Jacko Law Group offers expert Private Fund Compliance Counsel, guiding clients through a range of regulatory issues, including:

    • Private Funds under Sections 3(c)(1) and 3(c)(7) of the Investment Company Act of 1940
    • Private Placements under Regulation D
    • Activities triggering Broker-Dealer Registration
    • JOBS Act and Crowdfunding regulations
    • Limitations on performance fees
    • Form PF filing requirements
    • Regulation S-ID for identity theft prevention
    • NFA Registration Exemption for de minimis positions
    • Registration Lite and full NFA Registration as a Commodity Trading Adviser/Commodity Pool Operator
    • NFA Registration of associated persons

    Intellectual Capital Protection & Employment Agreements

    For private fund advisers, the collective power of your employees’ ideas and hard work is critical to building competitive strength. Your clients and investment strategies are the foundation of your success. However, many private fund advisers fail to implement adequate protective measures for their intellectual capital, which can undermine the business.

    Our team at Jacko Law Group provides customized legal support to safeguard your intellectual capital. We help structure clear expectations with employees and provide the following services:

    • Confidentiality Agreements and Intellectual Property (IP) Assignment Agreements
    • Procedures for handling intellectual capital
    • Training to raise awareness about confidentiality
    • Compensation arrangements for portfolio management and sales personnel
    • Counsel related to non-solicitation and non-compete provisions

    If you need assistance drafting or refining a Private Fund Agreement, or establishing comprehensive Investment Policies, schedule a call with our Private Fund attorneys today to discuss your needs.