Private Fund Formation Fundamentals: Structuring Venture Capital, Real Estate, Private Equity, Hedge and Credit Funds
Investment Strategies; Governance and Liquidity Considerations; Regulatory and Compliance Requirements; Market Trends
About the Course
Introduction
This CLE course will examine the basics of private fund formation, structuring, and deal making. Regulatory requirements, compliance issues, and market trends will be covered for various funds, including hedge, private equity, venture capital, and more.
Description
Designed for newer practitioners and those needing a high level review of the basics, this program will provide a practical examination of the mechanics of forming and operating private investment funds, including hedge, private equity, venture capital, real estate, and credit funds. Our faculty will analyze how a fund's investment strategy and investor base influence its legal structure, economic terms, governance arrangements, and liquidity model. Program time will be devoted to walking through the principal offering and governing documents, investor eligibility requirements, and the federal regulatory framework applicable to private funds and their advisers.
Listen to our authoritative panel's comparative and practice-oriented discussion of fund formation, during which attendees will learn to identify the key legal, tax, regulatory, and commercial considerations that shape a private fund throughout its life cycle.
Presented By
Mr. Beaubouef is an experienced investment management attorney who advises clients on all aspects of their businesses. He has a strong track record of structuring private equity, hedge, venture capital, multi-strategy, distressed debt, and real estate funds, as well as other investment vehicles. He represents U.S. and non-U.S. private fund managers, investment advisers, broker-dealers, commodity pool operators, and commodity trading advisors in fund formation and structuring, regulatory compliance, co-investments, secondaries, and mergers and acquisitions. Mr. Beaubouef regularly advises clients on Securities Act, Securities Exchange Act, Investment Advisers Act, Investment Company Act, and Employee Retirement Income Security Act (ERISA) regulatory compliance, and assists clients in implementing effective compliance programs. Cole also represents institutional investors and family offices in private fund investments, co-investments, and joint ventures with leading fund managers.
Mr. Foley focuses his practice on corporate, securities, and business law. He has decades of experience representing investment advisers, private equity funds, venture capital funds, funds of funds, hedge funds, issuers, institutional investors, broker-dealers, and financial institutions in complex federal and state securities regulatory matters and is recognized for his practical, business-oriented solutions and leadership in the investment management industry. Mr. Foley has extensive experience representing institutional and retail investment advisers in a broad range of securities, compliance, and business matters. His work includes federal and state investment adviser registration on Form ADV, drafting and reviewing investment advisory agreements and other key contracts, guiding clients through SEC examinations, handling mergers and acquisitions, succession planning, and developing and implementing tailored compliance policies and procedures. He has assisted many large and small registered investment advisers (RIAs) with M&A and investment transactions, including minority transactions and joint ventures. These transactions have included many RIAs with billions of dollars under management. Mr. Foley also counsels clients on all aspects of investment fund formation, having guided fund managers through the creation of hundreds of funds across a wide range of asset classes and strategies. He advises on fund structuring, formation, and offerings, and provides ongoing guidance on investments, transactions, corporate governance, regulatory compliance, and securities law matters.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, October 29, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Examine common private fund structures and the roles of the fund, general partner or
II. Compare management fees, carried interest or performance compensation, expense allocations, capital contributions, distributions, and investor liquidity terms.
III. Review of key governance, conflicts of interest, opportunity allocation, related-party transactions, key person provisions, and advisory committee oversight considerations
IV. Review of the principal formation documents and regulatory considerations under:
A. The Investment Company Act
B. The Investment Advisers Act
C. The Securities Act
D. ERISA, and related filing requirements.
V. Best practices and trends to consider
The panel will review these and other key issues:
- How do a fund's strategy and investor-base drive its legal structure and liquidity terms?
- What roles do the fund, general partner, investment adviser, and ancillary vehicles each play?
- In what ways do fees, carried interest, expense allocations, etc. differ across private fund types?
- How can counsel address conflicts, opportunity allocation, key person clauses, and limited partner advisory committee oversight?
- When do the Investment Company Act, Advisers Act, Securities Act, and ERISA apply to a fund?
