Investment Funds and Derivatives
Rimon advises clients in the formation and operation of all types of alternative investment vehicles, including hedge funds, venture capital funds, private equity funds, private real estate funds, mutual funds and other private pooled investment vehicles. Our advice covers the broad scope of issues faced by funds and their managers under the various state and federal laws and regulations in which they may operate. We assist out clients to navigate the complex federal and state laws and regulations governing securities, funds and advisers including the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, the USA PATRIOT Act and comparable laws in non-U.S. jurisdictions. We counsel funds with respect to the availability of exemptions from registration under the Investment Company Act or the Investment Advisers Act and assist in the registration process when exemptions are not available.
Our Investment Funds and Derivatives practice also advises clients in structuring and negotiating over-the-counter (OTC) derivatives transactions and trading within the the regulation of exchange-traded derivatives. Our lawyers provide assistance in designing new markets and products, negotiating and documenting contracts, compliance advice, and litigation services to a wide range of investment funds and other institutional clients, in their derivatives and trading activities. Our lawyers aid clients in analyzing applicable regulatory constraints under the federal commodities laws and related securities laws, considering the application of those requirements to the client's business, and developing solutions to the regulatory issues presented. Our lawyers work closely with, and call upon the expertise and experience of other Rimon attorneys in areas such as securities law, tax and ERISA.
Investment Funds
Rimon's Investment Fund attorneys advise clients on the formation of the full range of private investment funds, both open- and closed-ended, utilizing all asset classes and strategies, including, private equity funds, venture capital funds, hedge fund and other alternative strategy funds, real estate funds, debt funds, mezzanine funds, futures and options funds, multi-manager funds and funds of funds and novel hybrid funds. Our attorneys also specialize in forming and counseling customized funds for investors and sponsors with unique financial and operating terms.
Our private funds lawyers have a deep knowledge and solid command of the critical issues that arise in the formation of new private funds and the restructuring of existing funds, including those relating to structuring, disclosure, reporting obligations, regulatory compliance, and taxation.
Derivatives
Rimon's derivatives practice represent investment funds (hedge funds, venture capital and private equity funds, private real estate funds and other public and private pooled investment vehicles) and other institutional investors, with respect to a wide variety of derivatives transactions. Our lawyers advise on structuring over-the-counter derivatives products, including complex derivatives based on credit, commodity, equity, debt, interest rate, foreign exchange and currency instruments, total return swaps, forward and option agreements, repurchase agreements, securities lending agreements, prime brokerage agreements and master netting agreements. Our lawyers regularly negotiate International Swaps and Derivatives Association (ISDA) and Bond Market master agreements and other customized forms that govern derivatives transactions, and document and negotiate related guarantees and collateral arrangements. We are familiar with documentation in the form of market-standard master agreements, as well as the proprietary documentation utilized by many banks and dealers for long/short trading, prime brokerage and other brokerage and clearing services. Additionally, Rimon Law Group counsels clients with respect to preparing financial disclosures, structuring novel products, negotiating dispute settlements and in close-outs and preparing transaction valuations.
Representative Experience:
- Advise hedge funds on federal and state securities and commodities laws relating to derivatives transactions and trading arrangements; monitor and apprise clients of market and regulatory developments, and implications for policies and procedures, product structures and documentation
- Negotiate with derivatives dealers with respect to client defaults and termination events
- Advise funds on responses to investor due diligence inquiries
- Develop derivatives trading policies and procedures
- Negotiate and draft agreements with fund administrators, data and electronic trading platforms and other service providers
- Advise funds on strategies for managing liquidity and margin obligations through the use master netting arrangements, margin lockups and other tools
- Advise clients on strategies to mitigate counterparty credit risk
- Structure and negotiate multi-million dollar total return swap trading platforms
- Developed quarterly Hedge Fund Roundtable program for clients and other industry participants
Blog Posts About Investment Funds & Derivatives
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