A hedge fund can be a risky endeavor, just like any type of business enterprise. However, with the right planning and strategy for growth, a hedge fund can be supported by sound investments and accredited investors. It is important to have the advice and guidance of a highly skilled business attorney when preparing a private investment limited partnership. Our Texas firm can help from the start to set your hedge fund up for success.
Thorough research of a market is imperative to develop an investment strategy prior to establishing a hedge fund. You can take many different tactics with hedge fund investment strategies, including the following:
- Market-neutral strategy, in which all of an investment is offset by a short sale of the overall market
- Hedged in part, in which short-selling the market offsets only part of the investment
- Global macroeconomic strategy based on the interplay of economic trends and global economies
Deciding on a particular strategy requires extensive, in-depth knowledge of the particular market and should take into consideration both the experience and knowledge of the hedge fund manager and the investors’ needs.
Selecting the right business entity for a hedge fund is also critical. You need to identify the fund’s financial goals and choose an entity that best supports those objectives. Some options include:
- Limited liability companies
- Limited partnerships
Each option will have different liability risks and protections for the fund, as well as different roles for the hedge fund manager within the business. For example, a limited partnership is a popular hedge fund structure in which the manager serves as a general partner and investors serve as limited partners. This makes the hedge fund manager personally liable for the fund’s debts while the investors are only liable for debts up to the amount of their investment in the hedge fund. This is only one example of your options for the business entity of your hedge fund.
Documents and Filings
The documents and filings required for your hedge fund will depend on the business structure you select. For example, a limited liability company or limited partnership require you to register with the Texas Secretary of State upon formation. You may need to obtain an Employer Identification Number from the Internal Revenue Service (IRS) and a manager may have to register with the Securities and Exchange Commission (SEC) as an investment advisor.
It may also be important to present certain documents to investors, including memorandum explaining the chosen investment strategies that can decrease liability for the hedge fund to investors. Some of these documents may be required by the SEC. You may also need corporate bylaws and advisors’ agreements that can also reduce liability risks. You should discuss all of the necessary and beneficial documents and filings with your attorney to ensure you cover all the bases.
Contact a Houston Business Law Attorney for More Information
Like any business, a successful hedge fund starts with careful planning and strategy. At The Weisblatt Firm, our legal team supports all types of businesses, including hedge funds. We understand the complexities of different enterprises and can help with all the challenges your business faces. Call today at (713) 666-1981 to learn more about how we can help you.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio