There is a very high demand for investors who have white the portfolio to contemplate starting a hedge fund. Hedge fund formation though has a very stringent process. The process of a hedge fund formation will be explained in this article.
What is a hedge fund?
A hedge fund is an investment fund that pools capital from accredited individuals or institutional investors and invests in a variety of assets, often with complex portfolio-construction and risk-management techniques.[1] It is administered by a professional investment management firm, and often structured as a limited partnership, limited liability company, or similar vehicle. – wikipedia
In this article e will go over the steps major step involved in creating a hedge fund formation so that you ill aha a better understanding of what you are getting yourself into. The first and foremost aspect of starting a hedge fund will require two important things.
First, that you have a respectable portfolio. And second, that you have at LEAST $1 million in assets.
Now that you have a little bit more of an understanding of the basics let’s move on to the more critical step and requirements for starting a hedge fund formation.
Steps 1: Initial Consultation
The first step you will undergo is to have a consultation with the hedge fund formation firm to discuss whether you want a trade liquid or invest in liquid assets. During this consultation, there will be a few more things that you will want to discuss.
These being:
the profile of the investor
you will address regulatory and compliance requirements (essential and beneficial for later steps)
the initial cost (what you pay in the beginning) as well as the ongoing cost of running the fund (you have to spend money to make more money)
the structuring of the management company you own as well as any other relevant considerations
This consultation will prove to be very informative and very valuable for your future formation. It is essential that you as many questions as possible as this will prove to be the most critical step that you can do for your hedge fund.
The more questions you ask, the better and easier it will be to make sure that you are taking the right steps and moves.
Although, you have yet to start anything, legally or written wise and professionally, this step is easily one of the most important.
Step 2: Fund Formation Questionnaire
During the formation process, you will probably be asked to take a hedge fund formation questionnaire (this, of course, depends on the firm you are working with). Your inquiries will be looked over by a firm advisor and expert.
Some of these questions will delve into the areas of:
Principal investment strategy – meaning instruments traded as well as the use of leverage
Who are your targeted investors (U.S Taxable, offshore or US tax exempt)
The desired fund structure as well as the naming of entities
Any information in regards to the management company’s principals
Compensation including management and performance fees
Any conflicts of interest
Any use of soft dollars
Liquidity including lock-up, and withdrawal provisions (these are just a few examples)
Election of fund exempt
Accreditation of investors
Relevant Tax matters
Relevant ERISA matters
Any use of side letter
Any use of third-party managers
It is essential to consider these questions for your consultation excuse these can read hep to hasten the process as well as define precisely what you are looking for in your hedge fund formation.
Step 3: Structuring the Fund
After you have had your consultation and have done the questionnaire the next step will require that you structure your fund. It is salient to know what type of hedge fund you are trying to structure.
If you are trying to secure a domestic hedge fund, then you will need a Limited Partnership (LP). This will work in unison with a General Partner (GP) which will both be organized as a Limited Liability Company (LLC). These are all set up to protect your personal liability principals.
Most LP are usually in Delaware, and the GP will most likely be wherever the manager provides all the investment advice. So the partnership will be held all over in different locations.
For this step you must bear in mind these three organizational bodes:
Limited Partnership (LP)
General Partnership (GP)
Limited Liability Company (LLC)
Step 4: Introduction to Service Providers
Perhaps, one of the quickest steps on this list. What you will need to do for this particular step is to be marketable. It would help if you had a broker or an administrator who is engaged in your financially funding endeavors BEFORE choosing to take on outside investors.
Step 5: Preparation of the Fund and Management Company Operating Agreements and Offering Memorandum
Most likely you will be creating your hedge fund formation domestically. As a result, you will need to consider a few things (meaning you will have to take care of a few things, legally speaking of course.
Limited Partnership Agreement
In this agreement, you will undergo an operating agreement that will set your funds powers, rights (fundamental that you read the deal as carefully as possible), and duty of the GP (General Partner) and Limited Partners.
In addition to these agreements you will also have provided:
relevant terms in regards to governing your funds
valuation of assets
the withdrawal terms (this is especially important as you this could be a heavy burden later on if not spoken about initially)
indemnification
dissolution
Private Placement Memorandum (PPM)
This is a disclosure document that will require that user many securities laws that the prospective investor make a fully and clearly informed decision in regards to the investment that will go into the fund.
In this process, you will have to include as many specifications as possible in regards to your investment strategy.
Some of these things you want to consider will have to be:
description of the fund’s structure
Description fo the General Partners management
Give a clear explanation of the investment strategy
Give a clear statement of the risk management
Give a clear description of the instrument traded
You will need to outline in getting detail the management of the funds (with this including the history of each of the entities as well as any biographies on crucial personnel
Summarize your terms that will be used in the Memorandum
Describe in detail the specific risks that will be related to the investment strategy
Describe in detail the particular dangers that will be connected to the instrument traded
Describe in detail the specific risks that will be referred to the management
Valuation policies and procedures
Potential conflicts of interest
Name of service providers: being legal counsel
Name of service providers: being an auditor
Name of service providers: being a prime broker
Name of service providers: being an administrator
Brokerage and custody
Qualification of investors eligible
Federal tax aspects
ERISA consideration
Limitation on transfers
Subscription Agreement
Investor Questionnaire
Subscription Agreement
Manager Operating Agreement
Outlines equity interest of principles
Outlines equity interest of the managerial authority
Step 6: Compliance with federal and state securities laws
The last step will require that you fill forms verifying that you will be complying with the federal and state securities law. It is especially salient to know that each state has its regulations and it would prove invaluable to speak with your hedge fund firm.
Final Thoughts
Starting a hedge fund firm can be a very lengthy process, but if you want to take your investments to the next level and want to play with the big companies really, then it would prove salient to understand these steps and to take them into consideration.
When you have a better understanding of what to expect you will be that much more effective in being able to get the best results for your hedge fund formation process.
Recap:
Steps 1: Initial Consultation
The first thing you want to do is have a consultation with the hedge fund formation firm to discuss whether you want to trade liquid or invest in liquid assets. During this consultation, there will be a few more things that you will want to discuss.
These being:
the profile of the investor
you will discuss regulatory and compliance requirements (essential and beneficial for later steps)
the initial cost (what you pay in the beginning) as well as the ongoing cost of running the fund (you have to spend money to make more money)
the structuring of the management company you own as well as any other relevant considerations
This consultation will prove to be very informative and very valuable for your future formation. It is essential that you as many questions as possible as this will prove to be the best thing that you can do for your hedge fund.
Step 2: Fund Formation Questionnaire
During the formation process, you will probably be asked to take a hedge fund formation questionnaire (this, of course, depends on the firm you are working with). Your questionnaires will be looked over by a firm advisor and expert.
Step 3: Structuring the Fund
After you have had your consultation and have done the questionnaire the next step will require that you structure your fund. It is salient to know what type of hedge fund you are trying to structure.
If you are trying to secure a domestic hedge fund, then you will need a Limited Partnership (LP). This will work in unison with a General Partner (GP) which will both be organized as a Limited Liability Company (LLC). These are all set up to protect your personal liability principals.
Step 4: Introduction to Service Providers
Perhaps, one of the quickest steps on this list. What you will need to do for this particular step is to be marketable. It would help if you had a broker or an administrator who is engaged in your financially funding endeavors BEFORE choosing to take on outside investors.
Step 5: Preparation of the Fund and Management Company Operating Agreements and Offering Memorandum
Most likely you will be creating your hedge fund formation domestically. As a result, you will need to consider a few things (meaning you will have to take care of a few things, legally speaking of course.
Limited Partnership Agreement
In this agreement, you will undergo an operating agreement that will set your funds powers, rights (fundamental that you read the agreement as carefully as possible), and duty of the GP (General Partner) and Limited Partners.
In addition to these agreements you will also have provided:
relevant terms in regards to governing your funds
valuation of assets
the withdrawal terms (this is especially important as you this could be a heavy burden later on if not spoken about initially)
indemnification
dissolution
Private Placement Memorandum (PPM)
This is a disclosure document that will require that user many securities laws that the prospective investor make a fully and clearly informed decision in regards to the investment that will go into the fund.
Step 6: Compliance with Federal and State Securities Laws
The last step will require that you fill forms verifying that you will be complying with the federal and state securities law. It is salient to know that each state has its own regulations and it would prove invaluable to speak with your hedge fund firm.
Conclusions
Although these steps may seem quite strenuous, the overall results are significant for investing effectively with a hedge fund firm. These steps all guarantee that you have a clear understanding of what will be expected during this whole process from legal and business areas to financial areas as well in regards to how much you will be paying in the beginning and throughout the duration.
It is essential to understand that you are following all of the necessary steps and even more that you are following the laws and regulations of the state. What the last thing to you want to happen is not to follow the states law and pay a fine that could undo everything you set up.
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