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Fund Formation and Investment

Client and Industry Challenges

Businesses and individuals involved in the forming, structuring and negotiation of funds must negotiate a broad range of transaction, securities, tax and regulatory related issues. Investment firms, fund managers and investors fund often seek experienced counsel who are dedicated to providing sound advice and innovative solutions to issues arising at all stages of a fund’s life cycle, from initial investment to liquidation and exit.

Snell & Wilmer's fund formation and investment group understands the challenge of raising investment capital and is familiar with the legal and business issues facing funds, fund sponsors and fund investors. Our attorneys have experience advising clients on fund formation and management issues, securities and tax law considerations, governance and structural issues as well as continuing to provide counsel on the fund's deployment of capital. Our attorneys also counsel investors with respect to their fund investments.

Areas of Service

Our fund formation and investment group regularly counsels clients on the structure, formation and operation of a wide variety of entities, including limited partnerships and limited liability companies. These private investment funds include real estate funds (covering all types of real estate asset classes), venture capital funds, fund of funds, as well as distressed property, debt, and business funds.

We also provide guidance in matters involving corporate governance and capital raising activities. In addition to formation, we advise our clients on a wide variety of transactional and regulatory matters related to the operational activities of the fund, including investments in securities, distressed debt, structured finance, leverage transactions, joint ventures, venture capital and private equity transactions, mergers and acquisitions, and asset purchases and sales.

Clients We Serve

Our fund formation and investment attorneys represent a broad range of funds, fund managers and fund sponsors. We have advised private equity firms and investors on the formation of and investment in private equity funds pursuing all major investment strategies, including buyout, venture capital, senior and mezzanine debt, distressed, real estate and infrastructure, Internet and telecommunications, energy and other sector, healthcare and biotechnology,  and media and telecommunications funds. Most of the funds we represent have equity raising targets ranging from $50 to $100 million.

Why Clients Select Us

Dedicated and Involved: Our attorneys understand the complex tax and regulatory requirements affecting the fund formation process, and then continually keep abreast of changes in the law in order to better service our clients. After funds are formed, our attorneys work with clients to ensure smooth operation and profitability by providing legal guidance in relation to a fund's ongoing financing and investment activities.

Breadth and Depth of Experience: We have more than 10 fund formation and investment attorneys located throughout the western United States, as well as hundreds of additional lawyers practicing in complementary areas, to assist our venture fund clients in their investment activities. We regularly work with our firm’s tax, business and finance (including securities), real estate, employment and estate planning attorneys to provide creative, comprehensive solutions tailored to each of our client’s business needs and goals.