Investment Funds

 

 

A dynamic regulatory environment, greater public scrutiny, intense competition and strict compliance requirements call for businesses to think strategically about setting up of the funds in line with the commercial objective.

Our team at ARA LAW is recognized for its trustworthy legal guidance and broad-based experience relating to all aspects of investment funds and asset management activities, including assessing risks and navigating the legal and regulatory labyrinth. Our experience with a broad spectrum of industry gives us the advantage of staying current in an investment environment that is so dynamic.

Our clients include major domestic and international institutional investors, financial institutions, sponsors, investment managers (of varied fund sizes and investment strategies), fund administrators, trustees, sovereign wealth funds, pension funds, charitable organizations and family offices on the formation of close and open ended fund vehicles.

Our advice covers legal and regulatory matters relating to alternative investment funds, mutual funds, collective investment schemes, Real Estate Investment Trusts (REITs) and Infrastructure Investment Trusts (InViTs). We service India-focused funds operating from multiple jurisdictions in coordination with offshore local counsel and administrators. Our Investment Fund lawyers have a unique insight and a 360 degree perspective of prevalent market trends with the ability to zero in on key issues.

Alternative Investment Funds

Structuring and formation of all types of alternative investment funds including documentation, providing integrated legal and tax solutions and registration with SEBI and other offshore jurisdictions to

• Debt funds • Hedge Funds
• Private Equity Funds • Social Venture Funds
• Venture Capital Funds • SME Funds
• Funds of funds • Art Funds
• Angel funds • Film Funds
• Mezzanine Funds • Infrastructure Funds
• Health Funds • Other industry/sector funds
REITs & INVITs

Formation and registration of real estate investment trusts (REITs) and Infrastructure investment trusts and related legal and regulatory issues

Mutual Funds

Formation and registration of mutual funds, portfolio management services and collective investment schemes and related legal and regulatory issues

Carry Structuring

Carry structuring, including formation of employee benefit trusts

Solicitation

Marketing, Solicitation and Selling restrictions

Regulatory Compliances

Compliances with legal frameworks such as the SEBI Investment Advisers, SEBI Alternative Investment Funds, European Union Directives on Alternative Investment Fund Managers (AIFMD), the United States Foreign Accounting Tax Compliance Act (FATCA) and other international pacts.

 

  • Currently, advising clients on setting up of long only off-shore structure.
  • Currently, advising clients on setting up of Category III AIF Fund.
  • Advised Stakeboat Capital LLP on setting up Category II AIF including structuring and drawing up of fund documentation.
  • Advised Reliance AIF Management Company Limited on setting up various fund such as Mezzanine Fund, Yield Maximiser Funds including drawing up of fund documentation and on various aspects on alternative investment funds such as investment by insurance companies in AIFs, GIFT regulations, offshore solicitation of mutual funds units etc.
  • Advised ICICI Prudential Asset Management Company Limited on setting up Category III AIF Fund including drawing up of fund documentation and on various aspects of portfolio management services and mutual fund regulations.
  • Advised Malabar Investment Advisors Private Limited on FPI registered offshore fund on Indian legal and regulatory aspects including reviewing the fund documentation.
  • Advised Aditya Birla Sun Life Asset Management on several matters including FII/FPI registered offshore fund on Indian legal and regulatory aspects including reviewing the fund documentation.
  • Advised Ventureast Life Fund III LLC on structuring, documentation and negotiations with a leading international development bank and assisted in closing of the transaction.
  • Advised HDFC Asset Management Company on various aspects of Portfolio Management Services including PMS documentation and mutual fund regulations including updating of mutual fund offer documents, interpretation of definition of associates, drafting Investment Advisory Services Agreement under Reg. 24(2) of mutual fund regulations etc. REP 7 several other fund structures
  • Advised Sage Capital Funds Management Private Limited on setting up offshore fund from an Indian legal and regulatory aspects including reviewing of the fund documentation.
  • Advised IREP India Opportunities Fund Holdings Pte Ltd on setting up offshore real estate fund including structuring and fund documentation.
  • Advised Karma Capital Advisors Private Limited on Investment Advisory Agreement for investment in listed securities in India.
  • Advised Steadview Capital LLC on FII registered offshore fund on Indian legal and regulatory aspects including reviewing the fund documentation.
  • Advised ASK Investment Holdings Private Limited on drafting of a framework agreement for ASK Pravi Private Equity Opportunities Fund between ASK Investment Holdings Private Limited and Pravi Capital Advisors LLP.
  • Advised AIG Global Investment Corp on structuring, regulatory advise, documentation and application to SEBI seeking registration as FII/Sub-account.
  • Advised Prudential Asset Management (Singapore) Limited on structuring and incorporation of a GBC 1 Mauritius Company with PCA Asset Management Ltd (Japan) Japanese corporate as the preference shareholder.
  • Advised Sattva Investment Advisors Limited on structuring, regulatory advise, documentation and application to SEBI seeking registration as FII/Sub-account
  • Advised ICICI Venture Fund on setting up of a domestic venture capital fund for funding in software, biotechnology and media sectors.
  • Advised India Business Excellence Fund on structuring, regulatory advise, documentation and application to SEBI seeking registration of offshore and domestic PE fund following a co-investment model.
  • Advised Infrastructure Development Finance Company Limited on structuring, regulatory advise, documentation and establishment of domestic PE fund.
  • Advised Power Finance Corporation on structuring, regulatory advise, documentation and establishment of offshore PE fund
  • Advised Berggruen Holdings for structuring, regulatory advise, documentation and establishment of offshore PE fund.
  • Advised Citigroup Alternate Investment LLC on legal and regulatory framework, structuring and obtaining regulatory approvals with respect to Indian aspects on the global acquisition of Old Lane Partners GP, LLC and Old Lane Partners, LP.