Fund Formation Portal

Our Fund Formation Portal is intended to introduce you to the resources, experienced approach and practical solutions that we offer our fund clients, allowing them to make informed decisions and launch in a cost efficient manner.

At Day Pitney, our fund formation lawyers have assisted both seasoned veterans and first-time managers in launching successful funds engaged in diverse investment strategies.

Our fund formation attorneys can assist clients in getting started with the formation of their new funds. We will provide our clients with our Hedge Fund and Cryptocurrency Fund Formation Questionnaire, Private Equity Fund Formation Questionnaire, Venture Capital Fund Formation Questionnaire and Real Estate Fund Formation Questionnaire, which are designed to help us identify and understand our clients' goals, and allow us to provide them with a customized preliminary checklist of fund formation decisions. Please note that each questionnaire encompasses a wide universe of fund formation considerations, some of which may not be applicable to every situation and others that we discuss and work through with our clients at the appropriate time. After consultation, we will be able to outline the formation process for their particular fund. Please contact a member of the Day Pitney Investment Management and Private Funds Group if you are interested in forming a new fund and/or have any questions about our process.

In addition to our questionnaires, we also have a number of other resources that we can provide our clients. Our Hedge Fund Formation Outline is a helpful resource for start-up fund managers and others looking to more fully understand the complex legal, regulatory and tax issues associated with launching and operating an investment fund.

Advisers to certain private funds, including hedge funds and private equity funds, are required to register as investment advisers with the Securities & Exchange Commission or the applicable state regulatory agency, subject to several exceptions. Our Investment Adviser Registration Matrix is a flowchart intended to guide fund managers through this determination.

If a private fund trades commodity interest contracts, or holds itself out as being able to do so, the sponsor of the fund may be deemed a commodity pool operator (CPO), and the adviser to the fund may be deemed a commodity trading adviser (CTA). Absent an exemption, any CPO or CTA must register with the Commodities Futures Trading Commission and become a member of the National Futures Association. Our CPO Registration Matrix and CTA Registration Matrix are flowcharts intended to guide fund sponsors and managers through this determination. Please contact us if you are interested in these additional resources.